§Why CasetextPricing

American Great Lakes Ports Association et al v. Zukunft et al

Cross MOTION for Summary Judgment and Opposition to Plaintiffs' Motion for Summary Judgment

25 Cited authorities

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

    463 U.S. 29 (1983)   Cited 6,621 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]'"

  2. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,041 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  3. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 1,999 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  4. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,716 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

  5. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

    435 U.S. 519 (1978)   Cited 1,757 times   5 Legal Analyses
    Holding that where rulemaking fulfills basic APA standards for notice and procedure, a court will not impose additional process

  6. Allied-Signal, v. U.S. Nuclear Reg. Com'n

    988 F.2d 146 (D.C. Cir. 1993)   Cited 341 times   4 Legal Analyses
    Holding that in determining whether to vacate regulations that violate the APA, a court should consider “the seriousness of the [rule's] deficiencies (and thus the extent of doubt whether the agency chose correctly) and the disruptive consequences of an interim change that may itself be changed.”

  7. City of Waukesha v. E.P.A

    320 F.3d 228 (D.C. Cir. 2003)   Cited 253 times
    Holding "general and generic" response to comments were sufficient

  8. Environmental Defense Fund, Inc. v. Costle

    657 F.2d 275 (D.C. Cir. 1981)   Cited 325 times
    Holding that CWA "assigned secondary priority to the standards and placed primary emphasis upon both a point source discharge permit program and federal technology-based effluent limitations."

  9. Fund for Animals v. Babbitt

    903 F. Supp. 96 (D.D.C. 1995)   Cited 194 times
    Holding that actions of the Fish and Wildlife Service challenged under the ESA citizen suit provision "are reviewed as agency action subject to the standards of review under the APA"

  10. Fulbright v. McHugh

    67 F. Supp. 3d 81 (D.D.C. 2014)   Cited 53 times
    Finding 2008 application to be a new final agency action where applicant petitioned the ABCMR for medical disability retirement in 1992 and was denied and re-applied in 2008 for the same relief and added a claim that he should have been promoted to major

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,402 times   183 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Rule 24 - Intervention

    Fed. R. Civ. P. 24   Cited 9,140 times   34 Legal Analyses
    Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

  13. Section 9303 - United States registered pilot service

    46 U.S.C. § 9303   Cited 12 times

    (a) The Secretary shall prescribe by regulation standards of competency to be met by each applicant for registration under this chapter. An applicant must- (1) have a license as master, mate, or pilot issued under section 7101 of this title; (2) have acquired at least 24 months licensed service or equivalent experience on vessels or integrated towing vessels and tows of at least 4,000 gross tons as measured under section 14502 of this title, or an alternate tonnage measured under section 14302 of

  14. Section 9302 - Great Lakes pilots required

    46 U.S.C. § 9302   Cited 11 times

    (a) (1) Except as provided in subsections (d), (e), and (f) of this section, each vessel of the United States operating on register and each foreign vessel shall engage a United States or Canadian registered pilot for the route being navigated who shall- (A) in waters of the Great Lakes designated by the President, direct the navigation of the vessel subject to the customary authority of the master; and (B) in waters of the Great Lakes not designated by the President, be on board and available to

  15. Section 12105 - Issuance of documentation

    46 U.S.C. § 12105   Cited 7 times

    (a) IN GENERAL.-Except as provided in section 12152 of this title, the Secretary, on receipt of a proper application, shall issue a certificate of documentation or a temporary certificate of documentation for a vessel satisfying the requirements of section 12103 of this title. The certificate shall contain each endorsement under subchapter II of this chapter for which the owner applies and the vessel is eligible. (b) TEMPORARY CERTIFICATES FOR RECREATIONAL VESSELS.-The Secretary may delegate, subject

  16. Section 9307 - Great Lakes Pilotage Advisory Committee

    46 U.S.C. § 9307   Cited 2 times

    (a) The Secretary shall establish a Great Lakes Pilotage Advisory Committee. The Committee- (1) may review proposed Great Lakes pilotage regulations and policies and make recommendations to the Secretary that the Committee considers appropriate; (2) may advise, consult with, report to, and make recommendations to the Secretary on matters relating to Great Lakes pilotage; (3) may make available to the Congress recommendations that the Committee makes to the Secretary; and (4) shall meet at the call

  17. Section 67.17 - Registry endorsement

    46 C.F.R. § 67.17   Cited 10 times

    (a) A registry endorsement entitles a vessel to employment in the foreign trade; trade with Guam, American Samoa, Wake, Midway, or Kingman Reef; and any other employment for which a coastwise, or fishery endorsement is not required. (b) Any vessel eligible for documentation under §67.5 is eligible for a registry endorsement. 46 C.F.R. §67.17 CGD 89-007, CGD 89-007a, 58 FR 60266, 11/15/1993, as amended by USCG-2009-0702, 74 FR 49230, 9/25/2009; USCG-2016-0531, 82 FR 43863, 9/20/2017