Lujan v. Defs. of Wildlife

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"

Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Bennett v. Spear

Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

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

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]'"

Norton v. Southern Utah Wilderness Alliance

Holding that agency can be compelled to act if time period is specified by law

Citizens to Preserve Overton Park v. Volpe

Holding a decision is committed to agency discretion when there is "no law to apply"

Sierra Club v. Morton

Holding that plaintiff-organization did not establish Article III standing for injunctive relief where the organization failed to show that its members would be affected by the actions it sought to enjoin

Hillsborough County v. Automated Medical Labs

Holding local health ordinance not preempted because "the regulation of health and safety matters is primarily, and historically, a matter of local concern"

Tennessee Valley Authority v. Hill

Holding that budget appropriations cannot alter meaning of statute

Labor Board v. Brown

Approving finding of § 8 violation when "employers' conduct is demonstrably so destructive of employee rights and so devoid of significant service to any legitimate business end that it cannot be tolerated consistently with the Act"

Rule 56 - Summary Judgment

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Section 706 - Scope of review

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Section 1746 - Unsworn declarations under penalty of perjury

Permitting the use of declarations instead

Section 702 - Right of review

Granting judicial review of "agency action"

Section 704 - Actions reviewable

Granting judicial review over " final agency action"

Section 1531 - Congressional findings and declaration of purposes and policy

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

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 1540 - Penalties and enforcement

Requiring such notice

Section 1532 - Definitions

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

Requiring periodic review of listed species

Section 402.14 - Formal consultation

Requiring disclosure of Draft Biological Opinions to private applicants if requested

Section 402.02 - Definitions

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 17.3 - [Effective 5/13/2024] Definitions

In 50 C.F.R. § 17.3, petitioner Secretary of the Interior further defines "harm" to include "significant habitat modification or degradation where it actually kills or injures wildlife."

Section 402.16 - Reinitiation of consultation

Requiring the Services to reinitiate consultation in specified circumstances, including when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered"

Section 402.12 - Biological assessments

Requiring the action agency to solicit “a list of any listed or proposed species or designated or proposed critical habitat that may be present in the action area” or to provide such a list of species or habitat to the Service for inclusion in the BA

Section 17.31 - Prohibitions

Taking of threatened or endangered species

Section 261.50 - Orders

Section 261.58 - Occupancy and use

Section 219.15 - Project and activity consistency with the plan

Offering these four options if "a proposed project ... would not be consistent with the application plan components"

Section 261.53 - Special closures