This case touches on critical and sensitive issues of tribal membership that are generally beyond our review because [a] tribe s right to define its own membership for tribal purposes has long been recognized as central to its existence as an independent political community. Santa Clara Pueb...
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In connection with a proposed surface coal mine adjacent to Reylas Fork (a stream) in Logan County, West Virginia, the West Virginia Department of Environmental Protection ("WVDEP") issued Highland Mining Company a permit under the Surface Mining Control and Reclamation Act ("SMCRA") to do the minin...
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This case involves the interplay between the Medicare Secondary Payer Statute ( MSP ), 42 U.S.C. 1395y(b), and Texas workers compensation law. We must decide whether the MSP preempts a state law that requires a workers compensation claimant to obtain preauthorization from the relevant c...
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This case arises from actions taken by the Nuclear Regulatory Commission ( NRC or Commission ) approving (1) an application by Southern Nuclear Operating Company ( Southern ) for combined licenses to construct and operate new Units 3 and 4 of the Vogtle Nuclear Power Plant and (2) an a...
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These are two appeals stemming from the government s immediate termination of a Medicare Part D services contract with a prescription drug insurance coverage provider, Plaintiff-Appellant Fox Insurance Company, Inc. The government terminated the contract in March of 2010 after it had warned Fox of...
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Motiva, LLC ( Motiva ) appeals the decision of the International Trade Commission ( Commission ) that Nintendo Co., Ltd. and Nintendo of America, Inc. (collectively Nintendo ) did not violate 337 of the Tariff Act of 1930 by importing, selling for importation, or selling certain vide...
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Respondent Monsanto invented and patented Roundup Ready soybean seeds, which contain a genetic alteration that allows them to survive exposure to the herbicide glyphosate. It sells the seeds subject to a licensing agreement that permits farmers to plant the purchased seed in one, and only one, growi...
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Before the court is a challenge to the regulatory mechanism for the recovery by an investor-owned public utility of the cost of three transmission projects in its transmission rates. In 2007, the Federal Energy Regulatory Commission granted various rate incentives to encourage the construction of th...
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General Dynamics Corporation ( General Dynamics ) appeals from the decision of the Armed Services Board of Contract Appeals ( ASBCA ) denying its appeal from the contracting officer s ( CO ) final determination of noncompliance with Cost Accounting Standards ( CAS ) 412 based upon ...
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P failed to file a Federal income tax return for tax year 2008. R prepared a substitute for return ( SFR ) pursuant to I.R.C. sec. 6020 and issued to P a notice of deficiency that included the tax shown on the SFR as well as additions to tax under I.R.C. secs. 6651(a)(1) and (2) and 6654. P did ...
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