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Alfa International Seafood, Inc. et al v. Pritzker et al

Cross MOTION for Summary Judgment

96 Cited authorities

  1. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,518 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  2. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,683 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,623 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  4. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,152 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  5. Buckley v. Valeo

    424 U.S. 1 (1976)   Cited 3,410 times   37 Legal Analyses
    Holding that a public financing law does not "abridge, restrict, or censor" expression

  6. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,037 times   20 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]"

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

    551 U.S. 644 (2007)   Cited 868 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"

  8. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,876 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  9. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,960 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

  10. Freytag v. Commissioner

    501 U.S. 868 (1991)   Cited 924 times   63 Legal Analyses
    Holding that a Tax Court special trial judge is an "inferior officer" even though "special trial judges ... render [final] decisions of the Tax Court in [certain] cases"

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,220 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,406 times   183 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,356 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,038 times   23 Legal Analyses
    Granting judicial review of "agency action"

  15. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,089 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  16. Section 331 - Prohibited acts

    21 U.S.C. § 331   Cited 1,511 times   105 Legal Analyses
    Prohibiting the sale of adulterated foods

  17. Section 3501 - Purposes

    44 U.S.C. § 3501   Cited 1,060 times   5 Legal Analyses

    The purposes of this subchapter are to- (1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government; (2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government; (3) coordinate

  18. Section 1540 - Penalties and enforcement

    16 U.S.C. § 1540   Cited 991 times   12 Legal Analyses
    Requiring such notice

  19. Section 343 - Misbranded food

    21 U.S.C. § 343   Cited 567 times   59 Legal Analyses
    Setting labeling requirements for food products

  20. Section 1801 - Findings, purposes and policy

    16 U.S.C. § 1801   Cited 426 times   5 Legal Analyses
    Finding the economies of "[m]any coastal areas . . . have been badly damaged by the overfishing of fishery resources," particularly by "[t]he activities of massive foreign fishing fleets"

  21. Section 600.10 - Definitions

    50 C.F.R. § 600.10   Cited 17 times
    Applying same definition for regulations

  22. Section 600.415 - Access to statistics

    50 C.F.R. § 600.415   Cited 1 times

    (a)General. In determining whether to grant a request for access to confidential data, the following information will be taken into consideration (also see §600.130 ): (1) The specific types of data required. (2) The relevance of the data to conservation and management issues. (3) The duration of time access will be required: continuous, infrequent, or one-time. (4) An explanation of why the availability of aggregate or non-confidential summaries of data from other sources would not satisfy the requested

  23. Section 300.324 - Seafood Traceability Program

    50 C.F.R. § 300.324

    This section establishes a Seafood Traceability Program which has data reporting requirements at the time of entry for imported fish or fish products and recordkeeping requirements for fish or fish products entered into U.S. commerce. The data reported and retained will facilitate enforcement of section 307(1)(Q) of the Magnuson-Stevens Act and the exclusion of products from entry into U.S. commerce that are misrepresented or the product of illegal or unreported fishing. The data reporting and recordkeeping

  24. Section 300.321 - Definitions

    50 C.F.R. § 300.321

    ACE Implementation Guide for NMFS means the data set and document imaging requirements set forth in the Appendices to the Customs and Trade Automated Interface Requirements issued by Customs and Border Protection. Aggregated Harvest Report means a record made at a single collection point on a single calendar day for aggregated catches by multiple small-scale fishing vessels (20 measured gross tons or less or 12 meters length overall or less) offloaded at that collection point on that day, or for