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Aderholt et al v. Bureau of Land Management et al

Brief/Memorandum in Support

17 Cited authorities

  1. Sossamon v. Texas

    563 U.S. 277 (2011)   Cited 1,639 times   2 Legal Analyses
    Holding RLUIPA's authorization of "appropriate relief" did not "clearly and unambiguously waive sovereign immunity to private suits for damages"

  2. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,483 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  3. 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

  4. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,051 times   21 Legal Analyses
    Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

  5. Lopez v. Davis

    531 U.S. 230 (2001)   Cited 888 times   5 Legal Analyses
    Holding that a mandatory statutory command had a different meaning than nearby permissive commands because "Congress’ use of the permissive ‘may’ in [one subsection] contrasts with the legislators’ use of a mandatory ‘shall’ in the very same section"

  6. City of Mesquite v. Aladdin's Castle, Inc.

    455 U.S. 283 (1982)   Cited 993 times   2 Legal Analyses
    Holding that mootness was not the necessary result when nothing in the record suggested that a city's decision to repeal challenged language in an ordinance would preclude it from reenacting the same language if the district court's judgment were vacated

  7. Sossamon v. Lone Star State of Texas

    560 F.3d 316 (5th Cir. 2009)   Cited 1,240 times
    Holding "RLUIPA is clear enough to create a right for damages on the cause-of-action analysis, but not clear enough to do so in a manner that abrogates state sovereign immunity from suits for monetary relief"

  8. United States v. W. T. Grant Co.

    345 U.S. 629 (1953)   Cited 2,233 times   5 Legal Analyses
    Holding that, although defendant had "disclaimed any intention" to revive the challenged conduct, "[s]uch a profession does not suffice to make a case moot although it is one of the factors to be considered in determining the appropriateness of granting an injunction against the now-discontinued acts"

  9. U.S. v. Phosphate Export Assn

    393 U.S. 199 (1968)   Cited 843 times   1 Legal Analyses
    Holding that “the heavy burden of persuasion” that the challenged conduct cannot reasonably be expected to start up again lies with the party asserting mootness

  10. United States v. Freight Association

    166 U.S. 290 (1897)   Cited 521 times   1 Legal Analyses
    Holding challenge to allegedly collusive association agreement was justiciable despite association's voluntary dissolution, as members still claimed agreement was legal

  11. Rule 10 - Form of Pleadings

    Fed. R. Civ. P. 10   Cited 19,679 times   10 Legal Analyses
    Holding exhibits attached to complaint may be treated as part of complaint for purposes of ruling on 12(b) motion

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,406 times   36 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 1711 - Continuing inventory and identification of public lands; preparation and maintenance

    43 U.S.C. § 1711   Cited 31 times

    (a) The Secretary shall prepare and maintain on a continuing basis an inventory of all public lands and their resource and other values (including, but not limited to, outdoor recreation and scenic values), giving priority to areas of critical environmental concern. This inventory shall be kept current so as to reflect changes in conditions and to identify new and emerging resource and other values. The preparation and maintenance of such inventory or the identification of such areas shall not, of