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Environmental Defense Center et al v. Bureau of Ocean Energy Management et al

OPPOSITION to NOTICE OF MOTION AND MOTION for Reconsideration re Judgment,,, 132 NOTICE OF MOTION AND MOTION to Amend Judgment,,, 132 NOTICE OF MOTION AND MOTION for Relief from Order re Judgment,,, 132 133 EDC and SBCK Opposition

32 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,764 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Monsanto Co. v. Geertson Seed Farms

    561 U.S. 139 (2010)   Cited 1,141 times   13 Legal Analyses
    Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue

  3. Amoco Production Co. v. Gambell

    480 U.S. 531 (1987)   Cited 2,084 times   1 Legal Analyses
    Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute

  4. Alliance for the Wild Rockies v. Cottrell

    632 F.3d 1127 (9th Cir. 2011)   Cited 3,896 times   2 Legal Analyses
    Holding that a “serious questions” version of the sliding scale approach to preliminary injunctions survives Winter

  5. Nat'l Assoc. Home v. Defenders of Wildlife

    551 U.S. 644 (2007)   Cited 869 times   8 Legal Analyses
    Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"

  6. United States v. Gypsum Co.

    333 U.S. 364 (1948)   Cited 10,425 times   7 Legal Analyses
    Holding that oral testimony in conflict with contemporaneous documentary evidence deserves little weight

  7. Weinberger v. Romero-Barcelo

    456 U.S. 305 (1982)   Cited 1,767 times   4 Legal Analyses
    Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation

  8. Califano v. Yamasaki

    442 U.S. 682 (1979)   Cited 1,978 times   12 Legal Analyses
    Holding that claimants could bring social security class action "at least so long as the membership of the class is limited to those who meet the requirements of § 205(g)"

  9. Sampson v. Murray

    415 U.S. 61 (1974)   Cited 2,032 times   1 Legal Analyses
    Holding that possibility of backpay obviates risk of irreparable harm

  10. Tennessee Valley Authority v. Hill

    437 U.S. 153 (1978)   Cited 1,510 times   7 Legal Analyses
    Holding that budget appropriations cannot alter meaning of statute

  11. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,527 times   146 Legal Analyses
    Granting relief from the operation of a judgment

  12. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,397 times   66 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  13. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,672 times   26 Legal Analyses
    Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."

  14. Section 1536 - Interagency cooperation

    16 U.S.C. § 1536   Cited 1,320 times   35 Legal Analyses
    Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"

  15. Section 1456 - Coordination and cooperation

    16 U.S.C. § 1456   Cited 147 times   3 Legal Analyses
    In 16 U.S.C. § 1456(e)(1), the Act states that "[n]othing in this chapter shall be construed... to diminish either Federal or state jurisdiction, responsibility, or rights in the field of planning, development, or control of water resources, submerged lands, or navigable waters.

  16. Section 1802 - Congressional declaration of purposes

    43 U.S.C. § 1802   Cited 18 times
    Acknowledging the regulatory goal of promoting oil resource management policies "to achieve national economic and energy policy goals, assure national security, reduce dependence on foreign sources, and maintain a favorable balance of payments in world trade"

  17. Section 402.14 - Formal consultation

    50 C.F.R. § 402.14   Cited 705 times   16 Legal Analyses
    Requiring disclosure of Draft Biological Opinions to private applicants if requested