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

    528 U.S. 167 (2000)   Cited 7,204 times   25 Legal Analyses
    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
  3. Balistreri v. Pacifica Police Dept

    901 F.2d 696 (9th Cir. 1988)   Cited 16,076 times   5 Legal Analyses
    Holding that a cognizable gender discrimination claim could be brought by a female domestic violence victim where the victim alleged police denied protection and made misogynistic comments including that "he did not blame [the victim's] husband for hitting her, because of the way she was 'carrying on'"
  4. Sierra Club v. Morton

    405 U.S. 727 (1972)   Cited 2,789 times   3 Legal Analyses
    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
  5. U.S. v. Atlantic Research Corporation

    551 U.S. 128 (2007)   Cited 413 times   12 Legal Analyses
    Holding CERCLA section 107 provides potentially responsible parties with cause of action to recover necessary costs of response from other PRPs
  6. Clarke v. Securities Industry Assn

    479 U.S. 388 (1987)   Cited 781 times   2 Legal Analyses
    Holding that the court should "consider any provision that helps [it] to understand Congress' overall purposes in the" relevant statutes
  7. Key Tronic Corp. v. United States

    511 U.S. 809 (1994)   Cited 592 times   1 Legal Analyses
    Holding that “the award of monetary damages ... to fund a future clean-up of ... property violate CERCLA” because § 113(g) provides that under § 107 the remedy for future response costs is a declaratory judgment
  8. Hinck v. U.S.

    550 U.S. 501 (2007)   Cited 126 times
    Holding that jurisdiction over that section exists exclusively in the Tax Court
  9. Carson Harbor Village, Ltd. v. Unocal Corp.

    270 F.3d 863 (9th Cir. 2000)   Cited 291 times   6 Legal Analyses
    Holding that a response action is necessary if it responds to "an actual and real threat to human health or the environment"
  10. Ecological Rights Foundation v. Pac. Lumber

    230 F.3d 1141 (9th Cir. 2000)   Cited 266 times
    Holding that under Rhodes, plaintiffs had standing to challenge the Forest Service's exclusion of certain classes of actions from procedural safeguards designed to determine the environmental impact of those actions, and that plaintiffs had an informational injury justifying standing as well, where the alleged violation prevented them from commenting on or challenging the agency's decision
  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 348,148 times   927 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Rule 11 - Signing Pleadings, Motions, and Other Papers; Representations to the Court; Sanctions

    Fed. R. Civ. P. 11   Cited 35,998 times   145 Legal Analyses
    Holding an "unrepresented party" to the same standard as an attorney
  13. Section 9601 - Definitions

    42 U.S.C. § 9601   Cited 4,274 times   132 Legal Analyses
    Adopting the definition of “disposal” contained in the Solid Waste Disposal Act
  14. Section 9607 - Liability

    42 U.S.C. § 9607   Cited 3,269 times   64 Legal Analyses
    Holding certain listed persons strictly "liable" for specified cleanup costs