39 Cited authorities

Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 19,199 times 5 Legal Analyses
Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
Steel Co. v. Citizens for Better Env't
523 U.S. 83 (1998) Cited 10,820 times 15 Legal Analyses
Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,571 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
Fed. Deposit Ins. v. Meyer
510 U.S. 471 (1994) Cited 7,058 times 1 Legal Analyses
Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,704 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"
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,480 times 6 Legal Analyses
Holding that agency can be compelled to act if time period is specified by law
Lane v. Pena
518 U.S. 187 (1996) Cited 1,883 times
Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"
United States v. Nordic Village, Inc.
503 U.S. 30 (1992) Cited 1,789 times 3 Legal Analyses
Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,050 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]"
United States v. Testan
424 U.S. 392 (1976) Cited 2,203 times
Holding that Back Pay Act does not provide a remedy for misclassified federal employees
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1331 - Federal question
28 U.S.C. § 1331 Cited 97,914 times 136 Legal Analyses
Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."
Section 2201 - Creation of remedy
28 U.S.C. § 2201 Cited 24,628 times 61 Legal Analyses
Granting district courts the authority to create a remedy with the force of a final judgment
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,510 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,405 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,091 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 1361 - Action to compel an officer of the United States to perform his duty
28 U.S.C. § 1361 Cited 6,597 times 4 Legal Analyses
Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,764 times 69 Legal Analyses
Adopting the definition set out in the APA
Section 1251 - Congressional declaration of goals and policy
33 U.S.C. § 1251 Cited 3,551 times 62 Legal Analyses
Designating the Administrator of the EPA to "administer this chapter"
Section 1365 - Citizen suits
33 U.S.C. § 1365 Cited 2,204 times 28 Legal Analyses
Granting Administrator right to intervene in citizen suits

Alliance to Save the Mattaponi et al v. United States Army Corps of Engineers et al

39 Cited authorities

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

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

Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"

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"

Holding that agency can be compelled to act if time period is specified by law

Holding that any waiver of "sovereign immunity must be unequivocally expressed in statutory text" and "will be strictly construed, in terms of its scope, in favor of the sovereign"

Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

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]"

Holding that Back Pay Act does not provide a remedy for misclassified federal employees

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

Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

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

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Adopting the definition given in Section 551

Granting judicial review of "agency action"

Granting to the district courts "original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff"

Adopting the definition set out in the APA

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

Granting Administrator right to intervene in citizen suits