84 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,973 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"
  2. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 58,577 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"
  3. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,338 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,974 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  5. Bender v. Williamsport Area School Dist

    475 U.S. 534 (1986)   Cited 2,905 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
  6. 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) )
  7. Heckler v. Chaney

    470 U.S. 821 (1985)   Cited 2,047 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]"
  8. 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"
  9. Tennessee Valley Authority v. Hill

    437 U.S. 153 (1978)   Cited 1,511 times   7 Legal Analyses
    Holding that budget appropriations cannot alter meaning of statute
  10. Oklahoma Tax Comm'n v. Potawatomi Tribe

    498 U.S. 505 (1991)   Cited 627 times   10 Legal Analyses
    Holding that states have a right to collect taxes on certain cigarette sales on an Indian reservation, but the tribe is immune from suit seeking to enforce that right
  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 347,335 times   923 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 20,480 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,255 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  14. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,618 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  15. Section 1151 - Indian country defined

    18 U.S.C. § 1151   Cited 1,152 times   8 Legal Analyses
    Defining "Indian country" even more broadly
  16. Section 2409a - Real property quiet title actions

    28 U.S.C. § 2409a   Cited 891 times   2 Legal Analyses
    Authorizing action "to adjudicate a disputed title to real property in which the United States claims an interest"
  17. Section 2701 - Findings

    25 U.S.C. § 2701   Cited 817 times   19 Legal Analyses
    Finding that “[f]ederal courts have held that section 81 of this title requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts”
  18. Section 2710 - Tribal gaming ordinances

    25 U.S.C. § 2710   Cited 690 times   16 Legal Analyses
    Providing "[n]et revenues . . . may be used to make per capita payments . . . only if" the tribe has already prepared a plan to meet its government essential services
  19. Section 2703 - Definitions

    25 U.S.C. § 2703   Cited 363 times   3 Legal Analyses
    Defining "class III gaming"
  20. Section 2702 - Declaration of policy

    25 U.S.C. § 2702   Cited 281 times
    Explaining that Congress' purpose in enacting IGRA was "to provide a statutory basis for the operation of gaming by Indian tribes as a means of promoting tribal economic development, self-sufficiency, and strong tribal governments"
  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

  22. Section 3 CCR 714-1-J-4

    3 Colo. Code Regs. § 714-1-J-4

    This price information statement shall be in place prior to the unit's being offered for sale to the public. 3 CCR 714-1-J-4