§Why CasetextPricing

American Petroleum Tankers Parent LLC v. the United States of America et al

MOTION to Dismiss for Lack of Jurisdiction

62 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 276,823 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,906 times   142 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 11,136 times   15 Legal Analyses
    Holding this court may raise the issue of "statutory jurisdiction" sua sponte

  4. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,570 times   6 Legal Analyses
    Holding that references in a conservation plan to what an agency "will" do were not mandatory without additional indicia of a binding commitment

  5. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,084 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]"

  6. Baker v. Carr

    369 U.S. 186 (1962)   Cited 5,280 times   11 Legal Analyses
    Holding that the plaintiffs had standing to challenge Tennessee's apportionment of state representatives when that apportionment "effect[ed] a gross disproportion of representation to voting population"

  7. Kucana v. Holder

    558 U.S. 233 (2010)   Cited 669 times   2 Legal Analyses
    Holding that § 1252(B), which governs judicial review of discretionary decisions made by the Attorney General or the Secretary of Homeland Security, "does not proscribe judicial review of denials of motions to reopen"

  8. Consumer Product Safety Commission v. GTE Sylvania, Inc.

    447 U.S. 102 (1980)   Cited 1,840 times   4 Legal Analyses
    Holding that information obtained in response to a FOIA request was a "public disclosure" for purposes of the Consumer Product Safety Act

  9. Hein v. Freedom from Religion Foundation, Inc.

    551 U.S. 587 (2007)   Cited 468 times   1 Legal Analyses
    Holding plaintiffs do not have standing to assert “their claim ... that, having paid lawfully collected taxes into the Federal Treasury at some point, they have a continuing, legally cognizable interest in ensuring that those funds are not used by the Government in a way that violates the Constitution”

  10. Japan Whaling Ass'n v. American Cetacean Society

    478 U.S. 221 (1986)   Cited 576 times   1 Legal Analyses
    Holding that plaintiffs "undoubtedly have alleged a sufficient `injury in fact' in that the whale watching and studying of their members will be adversely affected by continued whale harvesting"

  11. 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 357,946 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 162,144 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,880 times   230 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,531 times   39 Legal Analyses
    Adopting the definition given in Section 551

  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,206 times   31 Legal Analyses
    Granting judicial review of "agency action"

  16. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,856 times   77 Legal Analyses
    Adopting the definition set out in the APA

  17. Section 2 - Powers and Duties of the President

    U.S. Const. art. II, § 2   Cited 1,318 times   7 Legal Analyses
    Granting to the President authority to "make Treaties" and "appoint Ambassadors" and serve as "Commander in Chief of the Army and Navy of the United States"

  18. Section 109 - Maritime Administration

    49 U.S.C. § 109   Cited 6 times

    (a) ORGANIZATION AND MISSION.-The Maritime Administration is an administration in the Department of Transportation. The mission of the Maritime Administration is to foster, promote, and develop the merchant maritime industry of the United States. (b) MARITIME ADMINISTRATOR.-The head of the Maritime Administration is the Maritime Administrator, who is appointed by the President by and with the advice and consent of the Senate. The Administrator shall report directly to the Secretary of Transportation

  19. Section 53702 - General authority

    46 U.S.C. § 53702   Cited 5 times

    (a) IN GENERAL.- (1) GUARANTEE OF PAYMENTS.-The Secretary or Administrator, on terms the Secretary or Administrator may prescribe, may guarantee or make a commitment to guarantee the payment of the principal of and interest on an obligation eligible to be guaranteed under this chapter. A guarantee or commitment to guarantee shall cover 100 percent of the principal and interest. (2) PREFERRED ELIGIBLE LENDER.-The Federal Financing Bank shall be the preferred eligible lender of the principal and interest

  20. Section 53701 - Definitions

    46 U.S.C. § 53701   Cited 4 times

    In this chapter: (1) ACTUAL COST.-The term "actual cost" means the sum of- (A) all amounts paid by or for the account of the obligor as of the date on which a determination is made under section 53715(d)(1) of this title; and (B) all amounts that the Secretary or Administrator reasonably estimates the obligor will become obligated to pay from time to time thereafter, for the construction, reconstruction, or reconditioning of the vessel, including guarantee fees that will become payable under section

  21. Section 298.17 - Evaluation of applications

    46 C.F.R. § 298.17   Cited 1 times

    (a) In evaluating project applications, we shall also consider whether the application provides for: (1) The capability of the Vessel(s) serving as a naval and military auxiliary in time of war or national emergency. (2) The financing of the Vessel(s) within one year after delivery. (3) The acquisition of Vessel(s) currently financed under Title XI by assumption of the total obligation(s). (4) The Guarantees extend for less than the normal term for that class of vessel. (5) In the case of an Eligible

  22. Section 298.14 - Economic soundness

    46 C.F.R. § 298.14   Cited 1 times

    (a)Economic evaluation. We shall not issue a Letter Commitment for guarantees unless we find that the proposed project, regarding the Vessel(s) or Shipyard Project for which you seek Title XI financing or refinancing, will be economically sound. The economic soundness and your ability to repay the Obligations will be the primary basis for our approval of a Letter Commitment. We will consider the value of the collateral for which we will issue the Obligations as only a secondary consideration in determining

  23. Section 298.20 - Term, redemptions, and interest rate

    46 C.F.R. § 298.20

    (a)In general. The maturity date of the Obligations must be satisfactory to us and must not exceed the anticipated physical and economic life of the Vessel or Vessels or Shipyard Project, and may be less than but no more than: (1) Twenty-five years from the date of delivery from the shipbuilder of a single new Vessel which is to be security for Guarantees; (2) Twenty-five years from the date of delivery from the shipyard of the last of multiple Vessels which are to be security for the Guarantees

  24. Section 298.3 - Applications

    46 C.F.R. § 298.3

    (a)Process and certification. When you apply for a commitment to execute Guarantees, you must: (1) Complete Form MA-163 and send it to the Secretary, Maritime Administration, U.S. Department of Transportation, 400 Seventh Street, SW., Washington, DC 20590. [Note: MARAD will accept electronic options (such as facsimile and Internet) for transmission of required information (excluding closing documents and documents submitted in connection with defaults) to MARAD, if practicable.] (2) Certify the application

  25. Section 298.21 - Limits

    46 C.F.R. § 298.21

    (a)Actual Cost basis. We will issue a guarantee on an amount of the Obligation satisfactory to us based on the economic soundness of the transaction. The Obligation amount may be less than but not more than 75 percent or 871/2 percent, whichever is applicable, under the provisions of section 1104A(b)(2) or section 1104B(b)(2) of the Act of the Actual Cost of the Vessel or Vessels or Shipyard Project asset(s). (1) If minimum horsepower of the main engine is a requirement for Guarantees up to 871/2

  26. Section 298.23 - Refinancing

    46 C.F.R. § 298.23

    (a) We may approve guarantees of Obligations to be secured by one or more Vessels or a Shipyard Project issued to refinance existing Title XI debt for either Vessels or for Shipyard Project and existing non-Title XI debt, so long as the existing debt has been previously issued for one of the purposes set forth in sections 1104(a)(1) through (4) of the Act. Section 1104 (a) (1) of the Act requires that, if the existing indebtedness was incurred more than one year after the delivery or redelivery of