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

MOTION for Leave to File Amended Complaint

10 Cited authorities

  1. Foman v. Davis

    371 U.S. 178 (1962)   Cited 28,601 times   4 Legal Analyses
    Holding that an appeal was improperly dismissed when the record as a whole — including a timely but incomplete notice of appeal and a premature but complete notice — revealed the orders petitioner sought to appeal

  2. Firestone v. Firestone

    76 F.3d 1205 (D.C. Cir. 1996)   Cited 1,235 times
    Holding that Rule 59(e) relief is appropriate when "there is an intervening change of controlling law, the availability of new evidence, or the need to correct a clear error or prevent manifest injustice"

  3. Caribbean Broadcasting System, Ltd. v. Cable & Wireless PLC

    148 F.3d 1080 (D.C. Cir. 1998)   Cited 350 times   1 Legal Analyses
    Holding that "the prolonged nature of a case does not itself affect whether the plaintiff may amend its complaint," and that "artless drafting of a complaint should not allow for the artful dodging of a claim"

  4. Harrison v. Rubin

    174 F.3d 249 (D.C. Cir. 1999)   Cited 59 times
    Holding where "amendment would do no more than clarify legal theories or make corrections" undue delay does not justify denial of leave to amend

  5. Rule 15 - Amended and Supplemental Pleadings

    Fed. R. Civ. P. 15   Cited 90,426 times   91 Legal Analyses
    Finding that, per N.Y. C.P.L.R. § 1024, New York law provides a more forgiving principle for relation back in the context of naming John Doe defendants described with particularity in the complaint

  6. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,363 times   36 Legal Analyses
    Adopting the definition given in Section 551

  7. 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"

  8. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,499 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  9. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 2,193 times   28 Legal Analyses
    Granting Administrator right to intervene in citizen suits

  10. Section 135.1 - Purpose

    40 C.F.R. § 135.1   Cited 6 times

    (a) Section 505(a)(1) of the Clean Water Act (hereinafter the Act) authorizes any person or persons having an interest which is or may be adversely affected to commence a civil action on his own behalf to enforce the Act or to enforce certain requirements promulgated pursuant to the Act. In addition, section 505(c)(3) of the Act provides that, for purposes of protecting the interests of the United States, whenever a citizen enforcement action is brought under section 505(a)(1) of the Act in a court