22 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 251,689 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,126 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Gwaltney v. Chesapeake Bay Foundation
484 U.S. 49 (1987) Cited 949 times 11 Legal Analyses
Holding that jurisdiction is established "when the citizen-plaintiffs make a good-faith allegation of continuous or intermittent violation"
Rodríguez v. Margo
490 F.3d 92 (1st Cir. 2007) Cited 662 times
Holding that "a complaint must allege 'a plausible entitlement to relief'" (quoting Bell Atlantic, 127 S. Ct. at 1967)
Valentin v. Hospital Bella Vista
254 F.3d 358 (1st Cir. 2001) Cited 697 times
Holding that an appeal of a Rule 12(b) ruling that resolves a factual challenge must be reviewed with a deferential "clearly-erroneous" standard
Aguilar v. U.S. Immig
510 F.3d 1 (1st Cir. 2007) Cited 203 times
Holding that § 1252(b) funneled an ineffective-assistance challenge into a petition for review because the challenge was "inextricably intertwined with" the alien's "removal proceeding"
Ellis v. Gallatin Steel Co.
390 F.3d 461 (6th Cir. 2004) Cited 121 times
Holding that the fact that the citizen plaintiffs intervened in (and were thus actually parties to) the government enforcement action "mak[es] privity irrelevant"
Community Ass'n for Restoration v. Bosma Dairy
305 F.3d 943 (9th Cir. 2002) Cited 92 times
Holding that where additional violations listed in the complaint originated from the same source, the CAFO dairies, deposited the same waste material, manure, into clearly identifiable navigable waters of the U.S., a single drain ditch, that they constituted a single violation that repeated over a span of time and met the CWA notice requirements
Karr v. Hefner
475 F.3d 1192 (10th Cir. 2007) Cited 68 times 1 Legal Analyses
Holding that the EPA had addressed each of the three types of alleged CWA violations and in some respects accomplished more than the plaintiffs sought
Atlantic States Leg. v. Stroh Die Casting
116 F.3d 814 (7th Cir. 1997) Cited 82 times
Holding notice sufficient under Clean Water Act when notice asserted violation of specific permit requirement but did not specify a particular source point of non-compliance
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 344,767 times 920 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1251 - Congressional declaration of goals and policy
33 U.S.C. § 1251 Cited 3,541 times 61 Legal Analyses
Designating the Administrator of the EPA to "administer this chapter"
Section 1365 - Citizen suits
33 U.S.C. § 1365 Cited 2,192 times 28 Legal Analyses
Granting Administrator right to intervene in citizen suits
Section 1319 - Enforcement
33 U.S.C. § 1319 Cited 1,154 times 18 Legal Analyses
Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"
Section 135.3 - Contents of notice
40 C.F.R. § 135.3 Cited 220 times 1 Legal Analyses
Requiring notice that includes information sufficiently specific to allow the recipient to identify the "standard, limitation, or order" allegedly violated
Section 50.7 - Consent judgments in actions to enjoin discharges of pollutants
28 C.F.R. § 50.7 Cited 139 times 1 Legal Analyses
Establishing policy of Department of Justice respecting consent judgments in actions to enjoin pollutant discharge

Cebollero-Bertran v. Puerto Rico Aqueduct and Sewer Authority

22 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Holding that jurisdiction is established "when the citizen-plaintiffs make a good-faith allegation of continuous or intermittent violation"

Holding that "a complaint must allege 'a plausible entitlement to relief'" (quoting Bell Atlantic, 127 S. Ct. at 1967)

Holding that an appeal of a Rule 12(b) ruling that resolves a factual challenge must be reviewed with a deferential "clearly-erroneous" standard

Holding that § 1252(b) funneled an ineffective-assistance challenge into a petition for review because the challenge was "inextricably intertwined with" the alien's "removal proceeding"

Holding that the fact that the citizen plaintiffs intervened in (and were thus actually parties to) the government enforcement action "mak[es] privity irrelevant"

Holding that the EPA had addressed each of the three types of alleged CWA violations and in some respects accomplished more than the plaintiffs sought

Holding notice sufficient under Clean Water Act when notice asserted violation of specific permit requirement but did not specify a particular source point of non-compliance

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

Designating the Administrator of the EPA to "administer this chapter"

Granting Administrator right to intervene in citizen suits

Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"

Requiring notice that includes information sufficiently specific to allow the recipient to identify the "standard, limitation, or order" allegedly violated

Establishing policy of Department of Justice respecting consent judgments in actions to enjoin pollutant discharge