19 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 254,855 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
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 268,629 times 366 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' "
U.S. v. Ritchie
342 F.3d 903 (9th Cir. 2003) Cited 3,717 times 2 Legal Analyses
Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"
Pareto v. Federal Deposit Insurance Corp.
139 F.3d 696 (9th Cir. 1998) Cited 1,189 times 1 Legal Analyses
Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)
Ascon Properties, Inc. v. Mobil Oil Co.
866 F.2d 1149 (9th Cir. 1989) Cited 1,325 times
Holding that the ninety-day notice requirement is jurisdictional
Miller v. Rykoff-Sexton, Inc.
845 F.2d 209 (9th Cir. 1988) Cited 1,313 times
Holding that amendment is futile if no set of facts can be proven under the amendment that would constitute a valid claim
Karuk Tribe of Cal. v. U.S. Forest Serv.
681 F.3d 1006 (9th Cir. 2012) Cited 215 times 3 Legal Analyses
Holding that § 7 "imposes on all agencies a duty to consult with either [FWS or NMFS] before engaging in any discretionary action that may affect a listed species or critical habitat"
Clarke v. Upton
703 F. Supp. 2d 1037 (E.D. Cal. 2010) Cited 110 times
Finding California Government Tort Claims and their rejections the proper subject of judicial notice
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 348,148 times 927 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Section 1531 - Congressional findings and declaration of purposes and policy
16 U.S.C. § 1531 Cited 1,675 times 26 Legal Analyses
Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."
Section 1536 - Interagency cooperation
16 U.S.C. § 1536 Cited 1,321 times 35 Legal Analyses
Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"
Section 1532 - Definitions
16 U.S.C. § 1532 Cited 869 times 33 Legal Analyses
Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"
Section 1533 - Determination of endangered species and threatened species
16 U.S.C. § 1533 Cited 817 times 39 Legal Analyses
Requiring periodic review of listed species
Section 1538 - Prohibited acts
16 U.S.C. § 1538 Cited 706 times 11 Legal Analyses
Defining "take"
Section 635 - Powers and functions of Bank
12 U.S.C. § 635 Cited 52 times
Granting Ex-Im power to deny application based on fraud or corruption
Section 402.02 - Definitions
50 C.F.R. § 402.02 Cited 489 times 18 Legal Analyses
Defining "action" as "all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. Examples include, but are not limited to . . . actions directly or indirectly causing modifications to the land, water, or air"
Section 402.01 - Scope
50 C.F.R. § 402.01 Cited 264 times 2 Legal Analyses
Delegating the FWS as the agency responsible for administering the ESA
Section 402.03 - Applicability
50 C.F.R. § 402.03 Cited 83 times 5 Legal Analyses
Interpreting § 7 to apply only to agency actions "in which there is discretionary Federal involvement and control"
Section 424.12 - Criteria for designating critical habitat
50 C.F.R. § 424.12 Cited 70 times 14 Legal Analyses
Stating that "Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species"

Center For Biological Diversity et al v. Export-Import Bank of the United States et al

19 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

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' "

Holding that a court may consider "certain materials—documents attached to the complaint, documents incorporated by reference in the complaint, or matters of judicial notice—without converting the motion to dismiss into a motion for summary judgment"

Holding that the FDIC accedes to the rights of the failed bank's shareholders under § 1821(d)

Holding that the ninety-day notice requirement is jurisdictional

Holding that amendment is futile if no set of facts can be proven under the amendment that would constitute a valid claim

Holding that § 7 "imposes on all agencies a duty to consult with either [FWS or NMFS] before engaging in any discretionary action that may affect a listed species or critical habitat"

Finding California Government Tort Claims and their rejections the proper subject of judicial notice

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."

Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"

Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"

Requiring periodic review of listed species

Defining "take"

Granting Ex-Im power to deny application based on fraud or corruption

Delegating the FWS as the agency responsible for administering the ESA

Interpreting § 7 to apply only to agency actions "in which there is discretionary Federal involvement and control"

Stating that "Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species"