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City of Alexandria et al v. Federal Emergency Management Agency et al

MOTION for Preliminary Injunction, MOTION for Permanent Injunction

28 Cited authorities

  1. Elrod v. Burns

    427 U.S. 347 (1976)   Cited 4,215 times   7 Legal Analyses
    Holding that local government could not constitutionally base public employment opportunities on political affiliation or nonaffiliation

  2. Hendrick Hudson Dist. Bd. of Ed. v. Rowley

    458 U.S. 176 (1982)   Cited 3,076 times   10 Legal Analyses
    Holding that the Act establishes a substantive right to a FAPE for qualifying children

  3. New York v. United States

    505 U.S. 144 (1992)   Cited 991 times   14 Legal Analyses
    Holding that the federal government could not commandeer States to enact or enforce a federal regulatory scheme

  4. Harris v. McRae

    448 U.S. 297 (1980)   Cited 1,419 times   1 Legal Analyses
    Holding that the Hyde Amendment does not violate the First Amendment

  5. Printz v. United States

    521 U.S. 898 (1997)   Cited 762 times   17 Legal Analyses
    Holding unconstitutional a statute obligating state law enforcement officers to implement a federal gun-control law

  6. Pennhurst State School v. Halderman

    451 U.S. 1 (1981)   Cited 1,228 times   3 Legal Analyses
    Holding that Spending Clause legislation is like a "contract," in that "[t]he legitimacy of Congress’ power to legislate under the spending power ... rests on whether the [federal-funding recipient] voluntarily and knowingly accepts [the contract’s] terms"

  7. A.C.S.D.B.E. v. Murphy

    548 U.S. 291 (2006)   Cited 509 times
    Holding parents cannot recover expert witness fees under the IDEA attorney fee provision because Congress did not "unambiguously" authorize such an award and the term of art "costs" is a reference to 28 U.S.C. § 1920, "the general statute governing the taxation of costs in federal court"

  8. South Dakota v. Dole

    483 U.S. 203 (1987)   Cited 488 times   4 Legal Analyses
    Holding that 28 U.S.C. "§ 158 is a valid use of the spending power"

  9. Suitum v. Tahoe Regional Planning Agency

    520 U.S. 725 (1997)   Cited 342 times
    Holding a takings claim ripe where the relevant agency had "finally determined" that the petitioner's land lay entirely within an environmentally sensitive area in which development was not allowed

  10. Sugar Busters LLC v. Brennan

    177 F.3d 258 (5th Cir. 1999)   Cited 158 times
    Holding that products appealing to diabetics are not substantially similar

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,280 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,759 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,518 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  14. Rule 65 - Injunctions and Restraining Orders

    Fed. R. Civ. P. 65   Cited 22,377 times   87 Legal Analyses
    Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

  15. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,361 times   36 Legal Analyses
    Adopting the definition given in Section 551

  16. Section 4001 - Congressional findings and declaration of purpose

    42 U.S.C. § 4001   Cited 727 times   2 Legal Analyses
    Providing "It is therefore the further purpose of this chapter to make available . . . protection against damage and loss resulting from mudslides that are caused by accumulations of water on or under the ground."

  17. Section 4104 - Flood elevation determinations

    42 U.S.C. § 4104   Cited 44 times
    Providing that private persons who believe a flood determination is inaccurate can appeal through the administrative process and then to federal court

  18. Section 4003 - Definitions applicable to Flood Disaster Protection Act of 1973

    42 U.S.C. § 4003   Cited 23 times
    Defining "community" under NFIP as "a State or a political subdivision thereof which has zoning and building code jurisdiction over a particular area having special flood hazards"

  19. Section 59.1 - Definitions

    44 C.F.R. § 59.1   Cited 87 times
    Defining “Existing construction” and “New construction”

  20. Section 60.3 - Flood plain management criteria for flood-prone areas

    44 C.F.R. § 60.3   Cited 56 times   1 Legal Analyses
    Outlining elevation certification requirements

  21. Section 59.24 - Suspension of community eligibility

    44 C.F.R. § 59.24   Cited 14 times

    (a) A community eligible for the sale of flood insurance shall be subject to suspension from the Program for failing to submit copies of adequate flood plain management regulations meeting the minimum requirements of paragraphs (b), (c), (d), (e) or (f) of § 60.3 or paragraph (b) of § 60.4 or § 60.5 , within six months from the date the Federal Insurance Administrator provides the data upon which the flood plain regulations for the applicable paragraph shall be based. Where there has not been any

  22. Section 208.10 - Local flood protection works; maintenance and operation of structures and facilities

    33 C.F.R. § 208.10   Cited 13 times

    (a)General. (1) The structures and facilities constructed by the United States for local flood protection shall be continuously maintained in such a manner and operated at such times and for such periods as may be necessary to obtain the maximum benefits. (2) The State, political subdivision thereof, or other responsible local agency, which furnished assurance that it will maintain and operate flood control works in accordance with regulations prescribed by the Secretary of the Army, as required

  23. Section 65.10 - Mapping of areas protected by levee systems

    44 C.F.R. § 65.10   Cited 8 times

    (a)General. For purposes of the NFIP, FEMA will only recognize in its flood hazard and risk mapping effort those levee systems that meet, and continue to meet, minimum design, operation, and maintenance standards that are consistent with the level of protection sought through the comprehensive flood plain management criteria established by § 60.3 of this subchapter. Accordingly, this section describes the types of information FEMA needs to recognize, on NFIP maps, that a levee system provides protection

  24. Section 65.7 - Floodway revisions

    44 C.F.R. § 65.7   Cited 4 times

    (a)General. Floodway data is developed as part of FEMA Flood Insurance Studies and is utilized by communities to select and adopt floodways as part of the flood plain management program required by § 60.3 of this subchapter. When it has been determined by a community that no practicable alternatives exist to revising the boundaries of its previously adopted floodway, the procedures below shall be followed. (b)Data requirements when base flood elevation changes are requested. When a floodway revision

  25. Section 65.2 - Definitions

    44 C.F.R. § 65.2

    (a) Except as otherwise provided in this part, the definitions set forth in part 59 of this subchapter are applicable to this part. (b) For the purpose of this part, a certification by a registered professional engineer or other party does not constitute a warranty or guarantee of performance, expressed or implied. Certification of data is a statement that the data is accurate to the best of the certifier's knowledge. Certification of analyses is a statement that the analyses have been performed