§Why CasetextPricing

Center For Biological Diversity et al v. Jewell et al

MOTION for Summary Judgment

34 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,042 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,658 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  3. Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.

    556 U.S. 502 (2009)   Cited 1,056 times   21 Legal Analyses
    Holding that agencies may not change their policies "sub silentio "

  4. National Cable Telecom. Assn. v. Brand X Internet S

    545 U.S. 967 (2005)   Cited 1,179 times   41 Legal Analyses
    Holding that an agency is free within "the limits of reasoned interpretation to change course" only if it "adequately justifies the change"

  5. INS v. Cardoza-Fonseca

    480 U.S. 421 (1987)   Cited 2,396 times   4 Legal Analyses
    Holding that the phrase "well-founded fear," which is also found in 8 U.S.C. § 1101, is ambiguous

  6. Whitman v. American Trucking Assns., Inc.

    531 U.S. 457 (2001)   Cited 1,098 times   27 Legal Analyses
    Holding that Chevron deference is due only to a " reasonable interpretation made by the administrator of an agency"

  7. Tennessee Valley Authority v. Hill

    437 U.S. 153 (1978)   Cited 1,512 times   7 Legal Analyses
    Holding that budget appropriations cannot alter meaning of statute

  8. Encino Motorcars, LLC v. Navarro

    136 S. Ct. 2117 (2016)   Cited 377 times   18 Legal Analyses
    Holding that agency needed to provide "a more reasoned explanation for its decision to depart from its existing ... policy" in light of serious and ongoing industry reliance on prior policy when negotiating compensation packages

  9. Food Commercial Workers v. Brown Group

    517 U.S. 544 (1996)   Cited 670 times
    Holding that an associational plaintiff need only demonstrate that "its members, or any one of them, are suffering immediate or threatened injury"

  10. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,751 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,530 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,104 times   17 Legal Analyses
    Permitting the use of declarations instead

  13. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,676 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 ...."

  14. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 870 times   34 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"

  15. Section 1533 - Determination of endangered species and threatened species

    16 U.S.C. § 1533   Cited 818 times   40 Legal Analyses
    Requiring periodic review of listed species

  16. Section 532 - Roads and trails system; Congressional findings and declaration of policy

    16 U.S.C. § 532   Cited 9 times

    The Congress hereby finds and declares that the construction and maintenance of an adequate system of roads and trails within and near the national forests and other lands administered by the Forest Service is essential if increasing demands for timber, recreation, and other uses of such lands are to be met; that the existence of such a system would have the effect, among other things, of increasing the value of timber and other resources tributary to such roads; and that such a system is essential