Court : US Supreme Court
Decided on : Jan-26-2004
alaska dept. of environmental conservation v. epa - 02-658 (2004) syllabus october term, 2003 alaska dept. of environmentalconservation v. epa supreme court of the united states alaska department of environmental conservation v. environmental protection agency et al. certiorari to the united states court of appeals for the ninth circuit no. 02 658. argued october 8, 2003 decided january 21, 2004 the clean air act s (caa or act) prevention of significant deterioration (psd) program, 42 u. s. c. 7477, was designed to ensure that the air quality in attainment areas, i.e., areas that are already clean, will not degrade, see 7470(1). the program bars construction of any major air pollutant emitting facility not equipped with the best available control technology (bact). 7475(a)(4). the act defines bact as an emission limitation based on the maximum degree of [pollutant] reduction which the [state] permitting authority, on a case-by-case basis, taking into account energy, environmental, and economic impacts and other costs, determines is achievable for [the] facility. 7479(3). two provisions of the act vest enforcement authority in the environmental protection agency (epa). section 113(a)(5) generally authorizes the epa, when it finds that a state is not complying with a caa requirement governing construction of a pollutant source, to pursue remedial action, including issuance of an order prohibiting construction. 42 u. s. c. 7413(a). directed specifically to the psd program, caa .....Tag this Judgment!
Court : US Supreme Court
Decided on : Jan-13-2004
..... & j. seligman, securities regulation 36, 31 43 (3d ed. 1998) (quoting mulvey, blue sky law, 36 can. l. times 37 (1916)).) the state courts had defined an investment contract as a contract or scheme for the placing of capital or laying out of money in a way intended to secure income or profit from its employment, and had uniformly applied that ..... the sec advised the respondent that its sale and lease-back arrangements, in which investors received a set 2% of their investment per month for 10 years, were investment contracts and therefore securities under the 1933 act). the eleventh circuit s perfunctory alternative holding, that respondent s scheme falls outside the definition because purchasers had a contractual entitlement to ..... order regarding settlement, stating that sale of promissory notes secured by deeds of trust, coupled with management services and providing investors a specified percentage return on their investment, were investment contracts), and in enforcement actions, e.g. , sec v. universal service assn., 106 f. 2d 232, 234, 237 (ca7 1939) (accepting sec s position that an investment scheme ..... the securities laws a limitation not compelled by the language that would so undermine the laws purposes. respondent protests that including investment schemes promising a fixed return among investment contracts conflicts with our precedent. we disagree. no distinction between fixed and variable returns was drawn in the blue sky law cases that the howey court used, in formulating .....Tag this Judgment!
Court : Supreme Court of India
Decided on : Jan-05-2004
Reported in : I(2004)ACC1; 2004ACJ1; AIR2004SC1531; 2004(2)ALD36(SC); 2004(2)AWC1589(SC); 2004(1)BLJR725; 118CompCas396(SC); 109(2004)DLT304(SC); 2004(72)DRJ555; (2004)2GLR989; (2004)3SCC297
..... being driven by the insured's son, who had twelve months' driving experience but was under twenty-one. when a claim for an indemnity was made against the insurance company,, payment was refused on the ground that the employment of a driver under twenty-one years of age ..... thereunder and sub-section (5) which are intended to cover specified contingencies mentioned therein to enable the insurer to recover amount paid under the contract of insurance on behalf of the insured can be taken recourse of by the tribunal and be extended to claims and defences of insurer against ..... requirement inasmuch as the same would indisputably depend upon the facts and circumstances of each case. it will also depend upon the terms of contract of insurance . each case may pose different problem which must be resolved having to a large number of factors governing the case including conduct ..... insurance co. ltd. v. sony cheriyan : air1999sc3252 , it has been held :'the insurance policy between the insurer and the insured represents a contract between the parties. since the insurer undertakes to compensate the loss suffered by the insured on account of risks covered by the insurance policy, the terms ..... also since been repealed and replaced by the motor vehicles act, 1988.19 concededly different types of insurance covers are issued containing different nature of contract of insurance. we are, however, in this batch of cases mainly concerned with third party right under the policy. any condition in the insurance .....Tag this Judgment!