National Independent Coal Operators' Assn. v. Kleppe (1976)
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· 123 citation events
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Costle v. Pacific Legal Foundation (1980)
It must be shown that the material facts supporting the decision are not subject to dispute.” 586 F. 2d, at 658-659 (footnotes omitted). *212 The Court of Appeals distinguished decisions of this Court in which it was held that a failure to request a hearing constituted a waiver of any right thereto under the Federal Coal Mine Health and Safety Act of 1969, 83 Stat. 742 , 30 U. S. C. § 801 et seq., and that an agency may place the burden of demonstrating that a case presents …
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Association of Bituminous Contractors v. Andrus (1978)
Id. at 393, 96 S.Ct. at 812 (footnote omitted).
footnote omitted
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Association of Bituminous Contractors, Inc. v. Cecil D. Andrus, Secretary of the Interior, U. S. Department o… (1978)
The trial De novo with a jury is not available for review of issues of fact which "were or could have been litigated" in the court of appeals under § 106. 65 Id. at 393, 96 S.Ct. at 812 (footnote omitted).
footnote omitted
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Weih Chang v. Childrens Advocacy Center of D (2019)
Coal Operators’ Ass’n v. Kleppe, 423 U.S. 388, 398 (1976) (“[The statute] provides the mine operators with no more than ‘an opportunity’ for a hearing.
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PR Aquaduct v. US EPA (1994)
Coal Operators' Ass'n v. Kleppe, 423 U.S. 388, 398-99 (1976); FPC v. Texaco Inc., 377 U.S. 33, 39-44 (1964); United States v. Storer Broadcasting Co., 351 U.S. 192, 205 (1956); see also Ames & McCracken, supra, at 41 n.164 (listing cases to similar effect involving different agencies).
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PR Aquaduct v. US EPA (1994)
See ___ Heckler v. Campbell, 461 U.S. 458, 467 (1983); National Indep. _______ ________ _______________ Coal Operators' Ass'n v. Kleppe, 423 U.S. 388, 398-99 (1976); FPC _____________________ ______ ___ v. Texaco Inc., 377 U.S. 33, 39-44 (1964); United States v. ____________ ______________ Storer Broadcasting Co., 351 U.S. 192, 205 (1956); see also Ames ________________________ ___ ____ & McCracken, supra, at 41 n.164 (listing cases to similar effect _____ involving differen…
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Andrus v. Double \Q\" (1977)
While these portions of the opinion obviously lend support to the interpretation presented herein, the Supreme Court specifically noted that it was not deciding the question on the merits. 423 U.S. at 393, n. 3 , 96 S.Ct. 809 .
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Heft v. Maryland Racing Commission (1991)
We find no deprivation of due process.” See National Coal Operators’ Assn. v. Kleppe, 423 U.S. 388, 399 , 96 S.Ct. 809, 815 , 46 L.Ed.2d 580 (1976) (“When no request for a hearing [before the administrative agency] is made, the operator has in effect voluntarily defaulted and abandoned the right to a hearing and findings ...”); Atlas Roofing Co. v. Occupational S. & H.
“When no request for a hearing [before the administrative agency] is made, the operator has in effect voluntarily defaulted and abandoned the right to a hearing and findings ...”
Coal Operators’ Ass’n v. Kleppe, 423 U.S. 388, 398-99 (1976).
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Howard Mullins and United Mine Workers of America v. Cecil D. Andrus, Secretary of the Interior, Consolidatio… (1980)
See UMW v. Andrus (Carbon Fuel Co.), supra note 1, 189 U.S.App.D.C. at 115 -116 n.50, 581 F.2d at 893 -894 n.50, referring to National Independent Coal Operators’ Ass’n v. Kleppe, 423 U.S. 388, 391 , 96 S.Ct. 809, 811 , 46 L.Ed.2d 580, 584 (1976); Kanawha Coal Co. v. Andrus, 553 F.2d 361, 363 (4th Cir. 1977). .
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Mohawk Excavating, Inc. v. Occupational Safety and Health Review Commission and W. J. Usery, Jr., Secretary o… (1977)
Compare the Federal Coal Mine Health and Safety Act of 1969, 30 U.S.C. § 801 et seq., where § 819(a)(4) limits the district court, in a proceeding by the government to collect an unpaid civil penalty, to a de novo jury trial on “all relevant issues, except issues of fact which were or could have been litigated in review proceedings before a court of appeals under section 816 . . . .” National Independent Coal Operators’ Ass’n v. Kleppe, 423 U.S. 388, 393 , 96 S.Ct. 809 , 46 …
per curiam
Coal Operators’ Ass’n v. Kleppe, 423 U.S. 388 , 393 n. 3, 96 S.Ct. 809 , 46 L.Ed.2d 580 (1976); see id. (construing the Federal Coal Mine Health and Safety Act of 1969, comparing § 106 of the Act with § 109(a), and concluding that it was unclear whether a “trial de novo is available on the factual basis of the violation as well as on the amount of the penalty”). 56 . 15 U.S.C. § 717t-l(b). 57 . 690 F.2d 1170 (5th Cir.1982). 58 .
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Lieberger v. Walter Co. (2005)
See also, e.g., National Independent Coal Operator’s Association v. Kleppe, 423 U.S. 388 , 96 S.Ct. 809 , 46 L.Ed.2d 580 (1976).
See National Independent Coal Operators Association v. Kleppe, 423 U.S. 388, 398-402 , 96 S.Ct. 809 , 46 L.Ed.2d 580 (1976).
Circuit declined an invitation to rule on whether this is a governmental goal of sufficient significance for O'Brien purposes, see Quincy, 768 F.2d at 1454, other cases establish that the importance of broadcasting generally, and in particular local broadcasting, to the American public is now beyond dispute. [26] See United States v. Southwestern Cable Co., 392 U.S. 157 , 172-73 & nn. 38 & 39, 88 S.Ct. 1994 , 2002-03 & nn. 38 & 39, 20 L.Ed.2d 1001 (1968); National Ass'n of B…