LATEST SUMMARIES

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW
• Nat'l Ass'n of Clean Air Agencies v. EPA

CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW
• Martin v. Dep't Of Justice

COMMUNICATIONS LAW
• Vonage Holdings Corp. v. FCC

CRIMINAL LAW & PROCEDURE, EVIDENCE
• US v. Southerland

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING
• In Re: Sealed Case

CRIMINAL LAW & PROCEDURE, SENTENCING
• US v. Williams

ENVIRONMENTAL LAW
• Oceana, Inc. v. Gutierrez

LATEST SUMMARIES

ADMINISTRATIVE LAW, ENVIRONMENTAL LAW
Nat'l Ass'n of Clean Air Agencies v. EPA, No. 06-1023
Final rule increasing the stringency of the oxides of nitrogen emission standards applicable to newly certified commercial aircraft gas turbine engines under section 231 of the Clean Air Act is upheld where: 1) respondent's interpretation of Section 231 is not manifestly contrary to the Clean Air Act; and 2) the agency did not otherwise act arbitrarily and capriciously in promulgating the Final Rule. Read more...

CIVIL PROCEDURE, CIVIL RIGHTS, CRIMINAL LAW & PROCEDURE, GOVERNMENT LAW
Martin v. Dep't Of Justice, No. 05-5207
In litigation involving repeated attempts to use the Freedom of Information Act to obtain government documents allegedly wrongfully withheld under Brady v. Maryland, 373 U.S. 83 (1963) during appelant's criminal conviction, summary judgment for appellees is affirmed where: 1) appellant is collaterally estopped from pursuing one of the requested documents; and 2) the remaining requested documents were properly withheld by the government under exemptions to FOIA. Read more...

COMMUNICATIONS LAW
Vonage Holdings Corp. v. FCC, No. 06-1276
Order requiring petitioners to contribute to the Universal Service Fund is vacated for portions of the order where respondent's explanation is wanting as to the pre-approval of traffic studies and the suspension of the carrier's carrier rule. Read more...

CRIMINAL LAW & PROCEDURE, EVIDENCE
US v. Southerland, No. 06-3029
Denial of motion to suppress evidence of a handgun found during an inventory search of the vehicle defendant was driving is affirmed over claims that both the stop of his vehicle and his subsequent arrest were unlawful. Read more...

CRIMINAL LAW & PROCEDURE, HABEAS CORPUS, SENTENCING
In Re: Sealed Case, No. 05-3030
Denial of motion to vacate sentence based on guilty plea to possession with intent to distribute 50 grams or more of cocaine base is affirmed where any alleged deficiency of counsel in failing to accurately advise defendant of his sentencing range under the U.S.S.G. was not prejudicial. Read more...

CRIMINAL LAW & PROCEDURE, SENTENCING
US v. Williams, No. 04-3157
Conviction and sentence based on guilty plea to unlawful possession of a firearm and ammunition, unlawfully possessing with intent to distribute cocaine base, and unlawfully possessing with intent to distribute cannabis, are affirmed over claims that: 1) the district court erred by sentencing defendant under 18 U.S.C. section 924(e); 2) he received ineffective assistance of counsel when counsel failed to object to his sentence; and 3) the Government breached the plea agreement by alerting the court to his three prior convictions. Read more...

ENVIRONMENTAL LAW
Oceana, Inc. v. Gutierrez, No. 05-5448
Rejection of claim that the National Marine Fisheries Service acted arbitrarily when it predicted that the measures it was putting in place would result in a 13.1 percent mortality rate by 2007 for leatherback turtles caught in longlines is affirmed where the Service's judgment is not arbitrary or capricious. Read more...