§Why CasetextPricing

The People of the State of California v. BP P.L.C. et al

OPPOSITION/RESPONSE

147 Cited authorities

  1. Exxon Mobil Corp. v. Allapattah Services, Inc.

    545 U.S. 546 (2005)   Cited 4,191 times   10 Legal Analyses
    Holding that the supplemental jurisdiction statute permits the exercise of diversity jurisdiction over additional plaintiffs who fail to satisfy the minimum amount-in-controversy requirement, as long as the other elements of diversity jurisdiction are present and at least one named plaintiff does satisfy the amount-in-controversy requirement

  2. Gunn v. Minton

    568 U.S. 251 (2013)   Cited 2,722 times   40 Legal Analyses
    Holding insubstantial the federal question whether patent lawyers being sued for malpractice could have succeeded in a prior federal patent suit by timely raising a particular argument, because "[n]o matter how the state courts resolve that hypothetical ‘case within a case,’ it w[ould] not change the real-world result of the prior federal patent litigation. [Plaintiff's] patent w[ould] remain invalid."

  3. Franchise Tax Bd. v. Laborers Vacation Trust

    463 U.S. 1 (1983)   Cited 10,472 times   5 Legal Analyses
    Holding that a case may not be removed to federal court on the basis of a preemption defense even where "both parties admit that the defense is the only question truly at issue in the case"

  4. Grable & Sons Metal Prods., Inc. v. Darue Eng'g & Mfg.

    545 U.S. 308 (2005)   Cited 3,244 times   47 Legal Analyses
    Holding "that the national interest in providing a federal forum for federal tax litigation is sufficiently substantial to support the exercise of federal-question jurisdiction."

  5. Aetna Health Inc. v. Davila

    542 U.S. 200 (2004)   Cited 2,719 times   30 Legal Analyses
    Holding that states cannot create new causes of action that conflict with ERISA's " ‘interlocking, interrelated, and interdependent remedial scheme,’ " located in § 502 of ERISA

  6. Sprint Commc'ns, Inc. v. Jacobs

    571 U.S. 69 (2013)   Cited 1,647 times   4 Legal Analyses
    Holding that "these three 'exceptional' categories . . . define Younger's scope"

  7. Metro. Life Ins. Co. v. Taylor

    481 U.S. 58 (1987)   Cited 4,457 times   7 Legal Analyses
    Holding that § 1144 preempts state common law claims

  8. Beneficial Nat. Bank v. Anderson

    539 U.S. 1 (2003)   Cited 2,152 times   9 Legal Analyses
    Holding that the National Bank Act, 12 U.S.C. §§ 85, 86, completely preempts state-law usury claims against national banks

  9. Merrell Dow Pharms. Inc. v. Thompson

    478 U.S. 804 (1986)   Cited 3,541 times   4 Legal Analyses
    Holding that private actors have no federal cause of action for a violation of the Federal Drug and Cosmetic Act

  10. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,164 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  11. Section 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 62,220 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  12. Section 1441 - Removal of civil actions

    28 U.S.C. § 1441   Cited 50,272 times   151 Legal Analyses
    Holding that “[a]ny civil action of which the district courts have original jurisdiction founded on a claim or right arising under the ... laws of the United States shall be removable without regard to the citizenship or residence of the parties.”

  13. Section 1334 - Bankruptcy cases and proceedings

    28 U.S.C. § 1334   Cited 40,798 times   57 Legal Analyses
    Granting "exclusive jurisdiction" to a federal court handling a bankruptcy case "of all the property, wherever located, of the debtor as of the commencement of such case, and of property of the estate"

  14. Section 1442 - Federal officers or agencies sued or prosecuted

    28 U.S.C. § 1442   Cited 5,143 times   88 Legal Analyses
    Granting removal power to "[a]ny officer of the United States . . . or person acting under him"

  15. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,098 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  16. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,501 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  17. Section 1452 - Removal of claims related to bankruptcy cases

    28 U.S.C. § 1452   Cited 2,578 times   14 Legal Analyses
    Granting removal power to any “party” in a bankruptcy case

  18. Section 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,378 times   16 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”

  19. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 867 times   23 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."

  20. Section 7607 - Administrative proceedings and judicial review

    42 U.S.C. § 7607   Cited 786 times   10 Legal Analyses
    Granting the D.C. Circuit original jurisdiction to review "any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter" and granting regional circuits jurisdiction to review "any other final action of the Administrator under this chapter ... which is locally or regionally applicable"

  21. Section 3101.1-2 - Surface use rights

    43 C.F.R. § 3101.1-2   Cited 27 times   1 Legal Analyses

    A lessee shall have the right to use so much of the leased lands as is necessary to explore for, drill for, mine, extract, remove and dispose of all the leased resource in a leasehold subject to: Stipulations attached to the lease; restrictions deriving from specific, nondiscretionary statutes; and such reasonable measures as may be required by the authorized officer to minimize adverse impacts to other resource values, land uses or users not addressed in the lease stipulations at the time operations

  22. Section 3162.1 - General requirements

    43 C.F.R. § 3162.1   Cited 7 times   1 Legal Analyses

    (a) The operating rights owner or operator, as appropriate, shall comply with applicable laws and regulations; with the lease terms, Onshore Oil and Gas Orders, NTL's; and with other orders and instructions of the authorized officer. These include, but are not limited to, conducting all operations in a manner which ensures the proper handling, measurement, disposition, and site security of leasehold production; which protects other natural resources and environmental quality; which protects life

  23. Section 745.13 - Authority reserved by the Secretary

    30 C.F.R. § 745.13   Cited 4 times

    The Secretary shall not delegate to any State, nor shall any cooperative agreement under this part be construed to delegate to any State, authority to- (a) Designate Federal lands as unsuitable for surface coal mining under subchapter F of this chapter or terminate such designations; (b) Comply with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and Federal laws and regulations other than SMCRA; (c) Develop land use management plans for Federal lands where the

  24. Section 250.180 - What am I required to do to keep my lease term in effect?

    30 C.F.R. § 250.180   Cited 1 times

    (a) If your lease is in its primary term: (1) You must submit a report to the District Manager according to paragraphs (h) and (i) of this section whenever production begins initially, whenever production ceases during the last year of the primary term, and whenever production resumes during the last year of the primary term. (2) Your lease expires at the end of its primary term unless you are conducting operations on your lease (see 30 CFR part 556 ). For purposes of this section, the term operations

  25. Section 550.120 - What standards will BOEM use to regulate leases, rights-of-use and easement, and rights-of-way?

    30 C.F.R. § 550.120

    BOEM will regulate all activities under a lease, a right-of-use and easement, or a right-of-way to: (a) Promote the orderly exploration, development, and production of mineral resources; (b) Prevent injury or loss of life; (c) Prevent damage to or waste of any natural resource, property, or the environment; and (d) Ensure cooperation and consultation with affected States, local governments, other interested parties, and relevant Federal agencies. 30 C.F.R. §550.120 81 FR 18152, Mar. 30, 2016 81 FR