26 Cited authorities

Quackenbush v. Allstate Ins. Co.
517 U.S. 706 (1996) Cited 2,575 times 5 Legal Analyses
Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)
Obergefell v. Hodges
576 U.S. 644 (2015) Cited 849 times 60 Legal Analyses
Holding that the Fourteenth Amendment protects the right of same-sex couples to marry in light of doctrinal developments, as well as fundamentally changed social understanding
Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,276 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
Lockyer v. Mirant Corp.
398 F.3d 1098 (9th Cir. 2005) Cited 1,513 times
Holding a stay, although "theoretically" subject to modification, was a reviewable collateral order because "the district court did not impose a time limit on the stay or note circumstances that might result in its modification"
Northwest Motorcycle Ass'n v. United States Department of Agriculture
18 F.3d 1468 (9th Cir. 1994) Cited 1,673 times
Upholding agency's conclusion where personal "experiences of [USFS] personnel" were "not the only basis" for it
Rivers v. Walt Disney Co.
980 F. Supp. 1358 (C.D. Cal. 1997) Cited 424 times
Holding district courts, when considering motion to stay proceedings during pendency of JPML proceeding, should consider whether parties would be prejudiced by stay or lack thereof
California Pharmacists Ass'n. v. Maxwell-Jolly
563 F.3d 847 (9th Cir. 2009) Cited 194 times
Holding that we review factual findings for clear error
Chamber of Commerce of U.S. v. Edmondson
594 F.3d 742 (10th Cir. 2010) Cited 174 times
Holding that a plaintiff seeking prospective injunctive relief against a public official in his official capacity must show the official has authority to perform the act
Temple University v. White
941 F.2d 201 (3d Cir. 1991) Cited 178 times
Holding that collateral estoppel bars relitigation of an issue when an identical issue was decided in a prior adjudication for which a final judgment on the merits exists against a party to the prior litigation who had a full and fair opportunity to litigate the issues
U.S. v. Breyer
41 F.3d 884 (3d Cir. 1994) Cited 121 times
Holding that we review a district court's ruling on a motion to stay for abuse of discretion
Section 1407 - Multidistrict litigation
28 U.S.C. § 1407 Cited 7,055 times 105 Legal Analyses
Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts
Section 1369 - Administrative procedure and judicial review
33 U.S.C. § 1369 Cited 338 times 26 Legal Analyses
Vesting jurisdiction in the Courts of Appeals to review the EPA’s action "in making any determination as to a State permit program submitted under section 1342(b) of [Title 33] ...."
Section 705 - Relief pending review
5 U.S.C. § 705 Cited 273 times 16 Legal Analyses
Reviewing court “may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings”
Section 605 - Avoidance of duplicative or unnecessary analyses
5 U.S.C. § 605 Cited 76 times 1 Legal Analyses
(a) Any Federal agency may perform the analyses required by sections 602, 603, and 604 of this title in conjunction with or as a part of any other agenda or analysis required by any other law if such other analysis satisfies the provisions of such sections. (b) Sections 603 and 604 of this title shall not apply to any proposed or final rule if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If the

Chamber of Commerce of the United States of America et al v. United States Environmental Protection Agency et al

26 Cited authorities

Holding that an abstention-based remand is not a remand for “lack of subject matter jurisdiction” for purposes of §§ 1447(c) and (d)

Holding that the Fourteenth Amendment protects the right of same-sex couples to marry in light of doctrinal developments, as well as fundamentally changed social understanding

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Holding a stay, although "theoretically" subject to modification, was a reviewable collateral order because "the district court did not impose a time limit on the stay or note circumstances that might result in its modification"

Upholding agency's conclusion where personal "experiences of [USFS] personnel" were "not the only basis" for it

Holding district courts, when considering motion to stay proceedings during pendency of JPML proceeding, should consider whether parties would be prejudiced by stay or lack thereof

Holding that we review factual findings for clear error

Holding that a plaintiff seeking prospective injunctive relief against a public official in his official capacity must show the official has authority to perform the act

Holding that collateral estoppel bars relitigation of an issue when an identical issue was decided in a prior adjudication for which a final judgment on the merits exists against a party to the prior litigation who had a full and fair opportunity to litigate the issues

Holding that we review a district court's ruling on a motion to stay for abuse of discretion

Authorizing consolidation of pretrial proceedings for related cases filed in multiple federal districts

Vesting jurisdiction in the Courts of Appeals to review the EPA’s action "in making any determination as to a State permit program submitted under section 1342(b) of [Title 33] ...."

Reviewing court “may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings”