42 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,979 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
  2. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,733 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  3. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,286 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  4. National Park Hospitality Assn. v. Dept. of Interior

    538 U.S. 803 (2003)   Cited 1,009 times   2 Legal Analyses
    Holding that although the question presented was purely legal and the rule constituted final action, further factual development would "significantly advance our ability to deal with the legal issues presented" so the matter was not ripe for judicial review
  5. Nat'l Assoc. Home v. Defenders of Wildlife

    551 U.S. 644 (2007)   Cited 869 times   8 Legal Analyses
    Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"
  6. Landis v. North American Co.

    299 U.S. 248 (1936)   Cited 8,275 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"
  7. Decker v. Nw. Envtl. Def. Ctr. Ga.-Pac. W., Inc.

    568 U.S. 597 (2013)   Cited 288 times   16 Legal Analyses
    Holding that agencies' interpretations of their own regulations are entitled to deference
  8. Telecommunications Research Action v. F.C.C

    750 F.2d 70 (D.C. Cir. 1984)   Cited 925 times   6 Legal Analyses
    Holding that a district court did not have jurisdiction to review a rule or issue a writ of mandamus because of a special review statute that assigned judicial review to the courts of appeals
  9. National Treasury Emp. Union v. U.S.

    101 F.3d 1423 (D.C. Cir. 1996)   Cited 333 times
    Holding that such a conflict "is necessary—though not alone sufficient—to establish standing"
  10. Whitney Bank v. New Orleans Bank

    379 U.S. 411 (1965)   Cited 241 times
    Finding a challenge to the Sarbanes-Oxley Act "wholly collateral" to statutory review scheme
  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,390 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."
  13. Section 1631 - Transfer to cure want of jurisdiction

    28 U.S.C. § 1631   Cited 7,656 times   16 Legal Analyses
    Granting courts authority to transfer action to court with proper jurisdiction
  14. Section 1311 - Effluent limitations

    33 U.S.C. § 1311   Cited 1,970 times   47 Legal Analyses
    Imposing general prohibition on "the discharge of any pollutant by any person"
  15. Section 1342 - National pollutant discharge elimination system

    33 U.S.C. § 1342   Cited 1,478 times   43 Legal Analyses
    Granting EPA the authority to require a permit for such discharges
  16. 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] ...."
  17. 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”
  18. Section 2112 - Record on review and enforcement of agency orders

    28 U.S.C. § 2112   Cited 259 times   15 Legal Analyses
    Invoking "the judicial panel on multidistrict litigation authorized by section 1407 of this title"
  19. Section 1314 - Information and guidelines

    33 U.S.C. § 1314   Cited 241 times   2 Legal Analyses
    Requiring EPA to publish information regarding “conventional pollutants,” including “suspended solids”
  20. Section 1317 - Toxic and pretreatment effluent standards

    33 U.S.C. § 1317   Cited 200 times   1 Legal Analyses
    Listing effect of toxic pollutants on "affected organisms in any waters" as a factor to consider in issuing permit
  21. Section 125.3 - Technology-based treatment requirements in permits

    40 C.F.R. § 125.3   Cited 29 times   2 Legal Analyses
    Discussing technology-based effluent limitations
  22. Section 423.13 - Effluent limitations guidelines representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT)

    40 C.F.R. § 423.13   Cited 5 times

    Except as provided in 40 CFR 125.30 through 125.32 , any existing point source subject to this part must achieve the following effluent limitations representing the degree of effluent reduction attainable by the application of the best available technology economically achievable (BAT). (a) There shall be no discharge of polychlorinated biphenyl compounds such as those commonly used for transformer fluid. (b) (1) For any plant with a total rated electric generating capacity of 25 or more megawatts

  23. Section 423.16 - Pretreatment standards for existing sources (PSES)

    40 C.F.R. § 423.16

    Except as provided in 40 CFR 403.7 and 403.13 , any existing source subject to this subpart which introduces pollutants into a publicly owned treatment works must comply with 40 CFR part 403 and achieve the following pretreatment standards for existing sources (PSES) by July 1, 1984: (a) There shall be no discharge of polychlorinated biphenol compounds such as those used for transformer fluid. (b) The pollutants discharged in chemical metal cleaning wastes shall not exceed the concentration listed