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Anderson et al v. Snyder et al

BRIEF in support of CORRECTED MOTION to dismiss Plaintiffs' Complaint

81 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 252,626 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,542 times   365 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  3. Bivens v. Six Unknown Fed. Narcotics Agents

    403 U.S. 388 (1971)   Cited 25,842 times   27 Legal Analyses
    Holding that there is an implied cause of action for money damages against federal officials for violations of the Fourth Amendment

  4. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,501 times   25 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

  5. Buckley v. Fitzsimmons

    509 U.S. 259 (1993)   Cited 4,097 times
    Holding absolute prosecutorial immunity extends to "making false or defamatory statements during, and related to, judicial proceedings"

  6. Butz v. Economou

    438 U.S. 478 (1978)   Cited 3,885 times   2 Legal Analyses
    Holding that ALJs are entitled to absolute immunity from suit for damages stemming from official acts because they are "functionally comparable" to judges

  7. Maiden v. Rozwood

    461 Mich. 109 (Mich. 1999)   Cited 2,698 times   1 Legal Analyses
    Concluding that evidence submitted "after the summary disposition motion was argued" was "not properly before the [trial] court" when deciding the summary disposition motion

  8. Citizens v. Bredesen

    500 F.3d 523 (6th Cir. 2007)   Cited 1,344 times
    Affirming district court opinion

  9. Hensley Mfg. v. Propride

    579 F.3d 603 (6th Cir. 2009)   Cited 904 times   1 Legal Analyses
    Holding that the fair use defense was ascertainable as a matter of law from the complaint and attached exhibits

  10. Lanman v. Hinson

    529 F.3d 673 (6th Cir. 2008)   Cited 643 times
    Holding that "[q]ualified immunity is an affirmative defense that, once asserted, shifts the burden of proof to the plaintiff"

  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 691.1407 - Immunity from tort liability; intentional torts; immunity of judge, legislator, official, and guardian ad litem; immunity of governmental agency under MISS DIG underground facility damage prevention and safety act; definitions

    Mich. Comp. Laws § 691.1407   Cited 1,863 times   2 Legal Analyses
    Granting only qualified immunity to lower-level government employees

  13. Section 691.1401 - Definitions

    Mich. Comp. Laws § 691.1401   Cited 932 times   5 Legal Analyses
    Defining "governmental agency" as "the state or a political subdivision"

  14. Section 691.1405 - Government owned vehicles; liability for negligent operation

    Mich. Comp. Laws § 691.1405   Cited 334 times

    Governmental agencies shall be liable for bodily injury and property damage resulting from the negligent operation by any officer, agent, or employee of the governmental agency, of a motor vehicle of which the governmental agency is owner, as defined in Act No. 300 of the Public Acts of 1949, as amended, being sections 257.1 to 257.923 of the Compiled Laws of 1948. MCL 691.1405 1964, Act 170, Eff. 7/1/1965.

  15. Section 691.1406 - Public buildings; dangerous condition; liability; notice, contents, service

    Mich. Comp. Laws § 691.1406   Cited 297 times   1 Legal Analyses
    Applying only to public buildings owned and operated by governmental agencies

  16. Section 300 - Project grants and contracts for family planning services

    42 U.S.C. § 300   Cited 202 times   8 Legal Analyses
    Directing the EPA to specify criteria under which filtration is required as a treatment technique

  17. Section 300j-8 - Citizen's civil action

    42 U.S.C. § 300j-8   Cited 129 times
    Requiring 60 days advance notice to the Administrator, the violator, and the state before commencing the lawsuit

  18. Section 300g-3 - Enforcement of drinking water regulations

    42 U.S.C. § 300g-3   Cited 68 times
    Granting the government authority to "bring a civil action in the appropriate United States district court" to enforce compliance with agency orders

  19. Section 324.1701 - Actions for declaratory and equitable relief for environmental protection; parties; standards; judicial action

    Mich. Comp. Laws § 324.1701   Cited 61 times

    (1) The attorney general or any person may maintain an action in the circuit court having jurisdiction where the alleged violation occurred or is likely to occur for declaratory and equitable relief against any person for the protection of the air, water, and other natural resources and the public trust in these resources from pollution, impairment, or destruction. (2) In granting relief provided by subsection (1), if there is a standard for pollution or for an antipollution device or procedure,

  20. Section 300g-2 - State primary enforcement responsibility

    42 U.S.C. § 300g-2   Cited 34 times
    Providing states with "primary enforcement responsibility for public water systems during any period for which the [EPA] Administrator determines ... that such State ... has adopted drinking water regulations that are no less stringent than the national primary drinking water regulations promulgated by the [EPA] Administrator ...."

  21. Section 141.80 - General requirements

    40 C.F.R. § 141.80   Cited 18 times   1 Legal Analyses

    (a)Applicability, effective date, and compliance deadlines. The requirements of this subpart constitute the national primary drinking water regulations for lead and copper. (1) The provisions of this subpart apply to community water systems and non-transient, non-community water systems (in this subpart referred to as "water systems" or "systems") as defined at § 141.2 . (2) The requirements of this subpart are effective as of December 16, 2021. (3) Community water systems and non-transient, non-community

  22. Section 142.10 - Requirements for a determination of primary enforcement responsibility

    40 C.F.R. § 142.10   Cited 10 times
    Setting forth the requirements for determination of primary enforcement responsibility

  23. Section 142.17 - Review of State programs and procedures for withdrawal of approved primacy programs

    40 C.F.R. § 142.17   Cited 5 times

    (a) (1) At least annually the Administrator shall review, with respect to each State determined to have primary enforcement responsibility, the compliance of the State with the requirements set forth in 40 CFR part 142, subpart B, and the approved State primacy program. At the time of this review, the State shall notify the Administrator of any State-initiated program changes (i.e., changes other than those to adopt new or revised EPA regulations), and of any transfer of all or part of its program

  24. Section 141.82 - Description of corrosion control treatment requirements

    40 C.F.R. § 141.82   Cited 5 times

    This section sets forth the requirements applicable to systems and states in the designation of optimal corrosion control treatment for a system that is optimizing or reoptimizing corrosion control treatment. Each system must complete the corrosion control treatment requirements in this section as applicable to such system under § 141.81 . (a)System recommendation regarding corrosion control treatment for systems that do not contain lead service lines and systems with lead service lines that do not

  25. Section 142.12 - Revision of State programs

    40 C.F.R. § 142.12   Cited 4 times

    (a)General requirements. Either EPA or the primacy State may initiate actions that require the State to revise its approved State primacy program. To retain primary enforcement responsibility, States must adopt all new and revised national primary drinking water regulations promulgated in part 141 of this chapter and any other requirements specified in this part. (1) Whenever a State revises its approved primacy program to adopt new or revised Federal regulations, the State must submit a request

  26. Section 142.15 - Reports by States

    40 C.F.R. § 142.15   Cited 3 times

    Each State which has primary enforcement responsibility shall submit to the Administrator the following information: (a) Each State which has primary enforcement responsibility shall submit quarterly reports to the Administrator on a schedule and in a format prescribed by the Administrator, consisting of the following information: (1) New violations by public water systems in the State during the previous quarter of State regulations adopted to incorporate the requirements of national primary drinking

  27. Section 142.34 - Entry and inspection of public water systems

    40 C.F.R. § 142.34   Cited 3 times
    Detailing mandatory EPA intervention in the form of notifications, advice, technical assistance, enforceable orders and inspections to bring water systems into compliance with federal standards, and removal of primacy

  28. Section 142.19 - EPA review of State implementation of national primary drinking water regulations for lead and copper

    40 C.F.R. § 142.19   Cited 3 times

    (a) Pursuant to the procedures in this section, the Regional Administrator may review state determinations establishing corrosion control or source water treatment requirements for lead or copper and may issue an order establishing federal treatment requirements for a public water system pursuant to § 141.82 (d) and (f) and § 141.83(b) (2) and (4) where the Regional Administrator finds that: (1) A State has failed to issue a treatment determination by the applicable deadline; (2) A State has abused

  29. Section 141.83 - Source water treatment requirements

    40 C.F.R. § 141.83   Cited 2 times

    Systems shall complete the applicable source water monitoring and treatment requirements (described in the referenced portions of paragraph (b) of this section, and in §§ 141.86 , and 141.88 ) by the following deadlines. (a)Deadlines for completing source water treatment steps - (1)Step 1: A system exceeding the lead or copper action level shall complete lead and copper source water monitoring (§ 141.88(b) ) and make a treatment recommendation to the State (§ 141.83(b)(1) ) no later than 180 days

  30. Section 142.30 - Failure by State to assure enforcement

    40 C.F.R. § 142.30   Cited 2 times

    (a) The Administrator shall notify a State and the appropriate supplier of water whenever he finds during a period in which the State has primary enforcement responsibility for public water systems that a public water system within such State is not in compliance with any primary drinking water regulation contained in part 141 of this chapter or with any schedule or other requirements imposed pursuant to a variance or exemption granted under section 1415 or 1416 of the Act: Provided, That the State