Citizens to Preserve Overton Park v. Volpe
401 U.S. 402 (1971) Cited 6,020 times 8 Legal AnalysesHolding a decision is committed to agency discretion when there is "no law to apply"
Nevada v. Department of Energy
457 F.3d 78 (D.C. Cir. 2006) Cited 124 timesFinding lack of prejudice from alleged NEPA violation when "[t]he many comments submitted in response to the [ ]EIS manifest that the public had sufficient information to comment"
Walter O. Boswell Memorial Hosp. v. Heckler
749 F.2d 788 (D.C. Cir. 1984) Cited 199 timesHolding that review could not go forward on a partial record where doing so "would be fundamentally unfair" because agency had withheld significant information
American Bioscience v. Thompson
243 F.3d 579 (D.C. Cir. 2001) Cited 42 timesHolding that the district court abused its discretion in denying a preliminary injunction by using "the parties' written or oral representations to discern the basis on which the [agency] acted" instead of "calling for the administrative record"
Tummino v. Von Eschenbach
427 F. Supp. 2d 212 (E.D.N.Y. 2006) Cited 23 timesAuthorizing extra-record discovery where there was evidence that the agency decisionmakers had made a decision and, only then, took steps "to find acceptable rationales for the decision"; where "senior level personnel ... overruled the professional staff"; and where the decisionmaking process was "unusual" in various respects
Biodiversity Legal Foundation v. Norton
180 F. Supp. 2d 7 (D.D.C. 2001) Cited 10 timesGranting motion to compel production of administrative record after defendants claimed that no administrative record existed
Brennan v. Local Union No. 639
494 F.2d 1092 (D.C. Cir. 1974) Cited 23 timesAffirming district court's protective order prohibiting further discovery until five days after entry of summary judgment opinion
O'Brien v. Avco Corp.
309 F. Supp. 703 (S.D.N.Y. 1969) Cited 8 timesNo. 67 Civ. 2565. November 18, 1969. Speiser, Shumate, Geoghan, Krause Rheingold, New York City, Frank H. Granito, Jr., New York City, of counsel, for plaintiff. Mendes Mount, New York City, James F. Coughlin, of counsel, for Avco and Bendix. Frederick B. Lacey, New York City, for P.G. Badgley Co. MEMORANDUM TENNEY, District Judge. The instant suit arises out of the crash on September 26, 1965 of an aircraft owned and operated by the Paul G. Badgley Company, Inc., in which the decedent Chester J
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 358,269 times 949 Legal AnalysesGranting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,890 times 230 Legal AnalysesGranting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Rule 1 - Scope and Purpose
Fed. R. Civ. P. 1 Cited 15,663 times 51 Legal AnalysesRecognizing the federal rules of civil procedure should be employed to promote the "just, speedy, and inexpensive determination of every action and proceeding"
Section 331 - Prohibited acts
21 U.S.C. § 331 Cited 1,533 times 108 Legal AnalysesProhibiting the sale of adulterated foods
Section 1905 - Disclosure of confidential information generally
18 U.S.C. § 1905 Cited 417 times 23 Legal AnalysesProhibiting the release by federal employees of certain information "to any extent not authorized by law"
Section 20.61 - Trade secrets and commercial or financial information which is privileged or confidential
21 C.F.R. § 20.61 Cited 26 times 1 Legal AnalysesDefining trade secret information and confidential commercial information