20 Cited authorities

Wilton v. Seven Falls Co.
515 U.S. 277 (1995) Cited 4,300 times 7 Legal Analyses
Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test
Allstate Ins. Co. v. Herron
634 F.3d 1101 (9th Cir. 2011) Cited 644 times
Holding that a district court's evidentiary rulings are reviewed for an abuse of discretion
Washington v. Fishing Vessel Assn
443 U.S. 658 (1979) Cited 377 times 3 Legal Analyses
Holding that the right to take fish "in common with non-Indian citizens" gave the Indians a right to a class share of fish, not just an "equal opportunity" to catch fish on the same grounds as non-Indians
United States v. State of Wash
759 F.2d 1353 (9th Cir. 1985) Cited 474 times 2 Legal Analyses
Finding "[d]eclaratory relief should be denied when it will neither serve a useful purpose in clarifying and settling the legal relations in issue nor terminate the proceedings and afford relief from the uncertainty and controversy faced by the parties"
Aetna Casualty Surety Co. v. Ind-Com Elec
139 F.3d 419 (4th Cir. 1998) Cited 288 times
Holding that the court's discretion "must be guided" by, inter alia, considerations of efficiency, comity, and wise judicial administration
Ernst Young v. Depositors Economic Protection
45 F.3d 530 (1st Cir. 1995) Cited 263 times
Finding unripe a declaratory judgment action where the plaintiff's asserted injury would materialize, if at all, only after a long string of contingencies, including a finding of fault, an order requiring overpayment, and an action seeking contribution
Shermoen v. U.S.
982 F.2d 1312 (9th Cir. 1992) Cited 221 times
Holding that "absent tribes have an indisputable interest in the outcome" of a challenge to statute partitioning land between tribes
Alto v. Black
738 F.3d 1111 (9th Cir. 2013) Cited 98 times
Finding a tribe's presence does not preclude complete relief where “the injury complained of in the first three causes of action is the [Bureau of Indian Affairs]'s violation of the [Administrative Procedure Act] in carrying out a responsibility delegated to it by the [Tribe], under the [Tribe's] own Constitution”
Dewberry v. Kulongoski
406 F. Supp. 2d 1136 (D. Or. 2005) Cited 10 times
Holding that Tribal-State Compact was valid under Oregon law
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 345,981 times 922 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,534 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,024 times 47 Legal Analyses
Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Rule 19 - Required Joinder of Parties
Fed. R. Civ. P. 19 Cited 9,527 times 54 Legal Analyses
Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations
Rule 7 - Pleadings Allowed; Form of Motions and Other Papers
Fed. R. Civ. P. 7 Cited 7,525 times 2 Legal Analyses
Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
Section 1365 - Citizen suits
33 U.S.C. § 1365 Cited 2,195 times 28 Legal Analyses
Granting Administrator right to intervene in citizen suits
Section 1341 - Certification
33 U.S.C. § 1341 Cited 394 times 36 Legal Analyses
Providing that each state "shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications."
Section 825l - Review of orders
16 U.S.C. § 825l Cited 195 times 9 Legal Analyses
Providing that only a "party" to Commission proceedings may seek administrative or judicial review of the Commission's final orders
Section 799 - License; duration, conditions, revocation, alteration, or surrender
16 U.S.C. § 799 Cited 73 times
Setting fifty years as the maximum life of a license
Section 823b - Enforcement
16 U.S.C. § 823b Cited 45 times 16 Legal Analyses
Stating that "[t]he Commission shall monitor and investigate compliance with each license and permit issued under this subchapter"
Section 385.206 - Complaints (Rule 206)
18 C.F.R. § 385.206 Cited 28 times
Containing no statute of limitations for complaint or petition for declaratory judgment filed with regulatory agency

Deschutes River Alliance v. Portland General Electric Company

20 Cited authorities

Holding that in declaratory judgment actions, district courts have “greater” discretion to abstain than under Colorado River's “exceptional circumstances” test

Holding that a district court's evidentiary rulings are reviewed for an abuse of discretion

Holding that the right to take fish "in common with non-Indian citizens" gave the Indians a right to a class share of fish, not just an "equal opportunity" to catch fish on the same grounds as non-Indians

Finding "[d]eclaratory relief should be denied when it will neither serve a useful purpose in clarifying and settling the legal relations in issue nor terminate the proceedings and afford relief from the uncertainty and controversy faced by the parties"

Holding that the court's discretion "must be guided" by, inter alia, considerations of efficiency, comity, and wise judicial administration

Finding unripe a declaratory judgment action where the plaintiff's asserted injury would materialize, if at all, only after a long string of contingencies, including a finding of fault, an order requiring overpayment, and an action seeking contribution

Holding that "absent tribes have an indisputable interest in the outcome" of a challenge to statute partitioning land between tribes

Holding that Tribal-State Compact was valid under Oregon law

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting district courts the authority to create a remedy with the force of a final judgment

Recognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"

Holding a person must be joined if disposing the action in the person's absence may leave an existing party subject to a "substantial" risk of incurring inconsistent obligations

Defining "pleadings" for purposes of the Federal Rules of Civil Procedure

Granting Administrator right to intervene in citizen suits

Providing that each state "shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications."

Providing that only a "party" to Commission proceedings may seek administrative or judicial review of the Commission's final orders

Setting fifty years as the maximum life of a license

Stating that "[t]he Commission shall monitor and investigate compliance with each license and permit issued under this subchapter"

Containing no statute of limitations for complaint or petition for declaratory judgment filed with regulatory agency