111 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,036 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,052 times   138 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. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,646 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"
  4. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,483 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law
  5. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,977 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  6. Bender v. Williamsport Area School Dist

    475 U.S. 534 (1986)   Cited 2,911 times   1 Legal Analyses
    Holding that a school board member sued in his official capacity was bound by the board’s litigation decisions and could not file his own notice of appeal
  7. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,290 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"
  8. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 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) )
  9. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,051 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]"
  10. 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"
  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 348,310 times   930 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 706 - Scope of review

    5 U.S.C. § 706   Cited 20,518 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,406 times   36 Legal Analyses
    Adopting the definition given in Section 551
  14. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,097 times   24 Legal Analyses
    Granting judicial review of "agency action"
  15. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,222 times   26 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
  16. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,766 times   69 Legal Analyses
    Adopting the definition set out in the APA
  17. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,270 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  18. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,621 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  19. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 2,205 times   28 Legal Analyses
    Granting Administrator right to intervene in citizen suits
  20. Section 1151 - Indian country defined

    18 U.S.C. § 1151   Cited 1,154 times   8 Legal Analyses
    Defining "Indian country" even more broadly
  21. Section 151.9 - Requests for approval of acquisitions

    25 C.F.R. § 151.9   Cited 20 times   1 Legal Analyses

    An individual Indian or tribe desiring to acquire land in trust status shall file a written request for approval of such acquisition with the Secretary. The request need not be in any special form but shall set out the identity of the parties, a description of the land to be acquired, and other information which would show that the acquisition comes within the terms of this part. 25 C.F.R. § 151.9