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Citizens for Responsibility and Ethics in Washington v. U.S. Department of Justice et al

Memorandum in opposition to re MOTION to Dismiss

50 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 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. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,571 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Leatherman v. Tarrant County Narcotics Intelligence & Coordination Unit

    507 U.S. 163 (1993)   Cited 5,131 times   2 Legal Analyses
    Holding that there is no heightened pleading requirement in § 1983 suits against municipalities

  4. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,778 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  5. U.S. Dept. of Justice v. Reporters Committee

    489 U.S. 749 (1989)   Cited 1,927 times   1 Legal Analyses
    Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

  6. Nat'l Labor Relations Bd. v. Sears, Roebuck & Co.

    421 U.S. 132 (1975)   Cited 2,046 times   7 Legal Analyses
    Holding that FOIA does not compel agencies to write or create material to explain disclosed documents

  7. E.E.O.C. v. St. Francis Xavier Parochial

    117 F.3d 621 (D.C. Cir. 1997)   Cited 1,275 times
    Holding that question of whether defendant was a covered entity under ADA is not jurisdictional, but merits related

  8. Renegotiation Bd. v. Grumman Aircraft Eng'g Corp.

    421 U.S. 168 (1975)   Cited 425 times   2 Legal Analyses
    Holding that advisory reports by individuals without authority to take final agency action are predecisional

  9. Coastal States Gas Corp. v. Dept. of Energy

    617 F.2d 854 (D.C. Cir. 1980)   Cited 1,185 times   2 Legal Analyses
    Holding that when agency auditors communicate information from third parties to the agency's regional counsel and ask for legal advice, the regional counsel's written responses containing "neutral, objective analyses of agency regulations" are not privileged

  10. Haase v. Sessions

    835 F.2d 902 (D.C. Cir. 1987)   Cited 652 times   1 Legal Analyses
    Holding that the Court may look beyond the allegations in the complaint to resolve a motion to dismiss for lack of subject-matter jurisdiction

  11. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,201 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  12. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,764 times   69 Legal Analyses
    Adopting the definition set out in the APA

  13. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,269 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  14. Section 510 - Delegation of authority

    28 U.S.C. § 510   Cited 164 times   1 Legal Analyses
    Permitting the Attorney General to subdelegate any of the office's functions

  15. Section 509 - Functions of the Attorney General

    28 U.S.C. § 509   Cited 98 times   1 Legal Analyses
    Providing that "[a]ll functions of other officers of the Department of Justice and all functions of agencies and employees of the Department of Justice are vested in the Attorney General" except three listed functions

  16. Section 508 - Vacancies

    28 U.S.C. § 508   Cited 40 times   1 Legal Analyses
    Establishing that, "[i]n case of a vacancy in the office of Attorney General," the Deputy Attorney General may serve as Acting Attorney General and, if he is unavailable to do so, "the Associate Attorney General shall" do so

  17. Section 6301 - Definitions

    5 U.S.C. § 6301   Cited 28 times
    Defining Title II employees under the FMLA

  18. Section 523 - Requisitions

    28 U.S.C. § 523   Cited 23 times

    The Attorney General shall sign all requisitions for the advance or payment of moneys appropriated for the Department of Justice, out of the Treasury, subject to the same control as is exercised on like estimates or accounts by the Government Accountability Office. 28 U.S.C. § 523 Added Pub. L. 89-554, §4(c), Sept. 6, 1966, 80 Stat. 615; amended Pub. L. 108-271, §8(b), July 7, 2004, 118 Stat. 814. HISTORICAL AND REVISION NOTES Derivation U.S. Code Revised Statutes and Statutes at Large 5 U.S.C. 319

  19. Section 0.25 - General functions

    28 C.F.R. § 0.25   Cited 16 times   1 Legal Analyses
    Delegating Attorney General’s authority to render legal advice to OLC