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American Wild Horse Preservation Campaign et al v. Jewell et al

Cross MOTION for Summary Judgment Rebecca Jaffe appearing for Defendants Michael C Courtney, Sally Jewell, Neil Kornze, Elliot Traher. Responses due

55 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,832 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

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

    463 U.S. 29 (1983)   Cited 6,639 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]'"

  3. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,469 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

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

    551 U.S. 644 (2007)   Cited 870 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"

  5. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,391 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"

  6. 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

  7. Department of Transportation v. Public Citizen

    541 U.S. 752 (2004)   Cited 603 times   30 Legal Analyses
    Holding that, under the National Environmental Policy Act, an agency cannot be considered the legal "cause" of an action that it has no statutory discretion to avoid

  8. Ohio Forestry Assn., Inc. v. Sierra Club

    523 U.S. 726 (1998)   Cited 731 times
    Holding that a procedural dispute is ripe “at the time the [procedural] failure takes place”

  9. United States v. Tucker Truck Lines

    344 U.S. 33 (1952)   Cited 956 times   1 Legal Analyses
    Holding that a court "is not bound by a prior exercise of jurisdiction in a case where it was not questioned and was passed sub silentio"

  10. Lands Council v. Powell

    395 F.3d 1019 (9th Cir. 2004)   Cited 476 times   1 Legal Analyses
    Holding that reliance on 13–year–old habitat studies was arbitrary and capricious

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 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 20,463 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,617 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  14. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,500 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  15. Section 1732 - Management of use, occupancy, and development of public lands

    43 U.S.C. § 1732   Cited 178 times   2 Legal Analyses
    Governing habitat management plans created by the Bureau of Land Management

  16. Section 1712 - Land use plans

    43 U.S.C. § 1712   Cited 142 times   1 Legal Analyses
    Granting BLM authority to issue land management plans

  17. Section 1331 - Congressional findings and declaration of policy

    16 U.S.C. § 1331   Cited 132 times

    Congress finds and declares that wild free-roaming horses and burros are living symbols of the historic and pioneer spirit of the West; that they contribute to the diversity of life forms within the Nation and enrich the lives of the American people; and that these horses and burros are fast disappearing from the American scene. It is the policy of Congress that wild free-roaming horses and burros shall be protected from capture, branding, harassment, or death; and to accomplish this they are to

  18. Section 1702 - Definitions

    43 U.S.C. § 1702   Cited 100 times   1 Legal Analyses
    Defining rights-of-way to include permits

  19. Section 1333 - Powers and duties of Secretary

    16 U.S.C. § 1333   Cited 75 times
    Requiring that the agency consult individuals recommended by the National Academy of Sciences, but leaving it to the Secretary's discretion whether to consult "other individuals" with "scientific expertise and special knowledge"

  20. Section 1332 - Definitions

    16 U.S.C. § 1332   Cited 37 times
    Defining "Secretary"

  21. Section 1502.13 - Purpose and need

    40 C.F.R. § 1502.13   Cited 111 times   6 Legal Analyses
    Requiring a statement that "shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action"

  22. Section 1503.4 - Response to comments

    40 C.F.R. § 1503.4   Cited 88 times
    Requiring agencies, when preparing an EIS, to respond to comments by explaining in the EIS why the comments do not warrant further agency response and by citing the authorities or reasons that support the agency's position

  23. Section 1601.0-5 - Definitions

    43 C.F.R. § 1601.0-5   Cited 65 times   1 Legal Analyses
    Defining "resource management plan"

  24. Section 1501.1 - NEPA thresholds

    40 C.F.R. § 1501.1   Cited 44 times   1 Legal Analyses
    Requiring comments to "[i]dentify[] at an early stage the significant environmental issues"

  25. Section 4700.0-6 - Policy

    43 C.F.R. § 4700.0-6   Cited 5 times

    (a) Wild horses and burros shall be managed as self-sustaining populations of healthy animals in balance with other uses and the productive capacity of their habitat. (b) Wild horses and burros shall be considered comparably with other resource values in the formulation of land use plans. (c) Management activities affecting wild horses and burros shall be undertaken with the goal of maintaining free-roaming behavior. (d) In administering these regulations, the authorized officer shall consult with