37 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 252,784 times 279 Legal Analyses
Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 266,697 times 365 Legal Analyses
Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
Kokkonen v. Guardian Life Ins. Co. of America
511 U.S. 375 (1994) Cited 18,991 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
Henderson v. Shinseki
562 U.S. 428 (2011) Cited 1,545 times 12 Legal Analyses
Holding that there must be "clear indication that Congress wanted the rule to be jurisdictional," although Congress "need not use magic words" (cleaned up)
Lee v. City of L.A.
250 F.3d 668 (9th Cir. 2001) Cited 10,583 times 5 Legal Analyses
Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"
Balistreri v. Pacifica Police Dept
901 F.2d 696 (9th Cir. 1988) Cited 15,993 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'"
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"
Sprewell v. Golden State Warriors
266 F.3d 979 (9th Cir. 2001) Cited 5,067 times 4 Legal Analyses
Holding that unwarranted inferences are insufficient to defeat a motion to dismiss
Gwaltney v. Chesapeake Bay Foundation
484 U.S. 49 (1987) Cited 950 times 11 Legal Analyses
Holding that jurisdiction is established "when the citizen-plaintiffs make a good-faith allegation of continuous or intermittent violation"
Hallstrom v. Tillamook County
493 U.S. 20 (1989) Cited 556 times 2 Legal Analyses
Holding notice and 60-day delay requirements mandatory conditions precedent to commencing suit under 42 U.S.C. § 6972
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 345,981 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
Section 1365 - Citizen suits
33 U.S.C. § 1365 Cited 2,195 times 28 Legal Analyses
Granting Administrator right to intervene in citizen suits
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"
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
Section 13160 - State water pollution control agency
Cal. Wat. Code § 13160 Cited 23 times
Designating State Water Resources Control Board as implementing authority for the CWA
Section 135.3 - Contents of notice
40 C.F.R. § 135.3 Cited 220 times 1 Legal Analyses
Requiring notice that includes information sufficiently specific to allow the recipient to identify the "standard, limitation, or order" allegedly violated

Coastal Environmental Rights Foundation v. American Recycling International, Inc.

37 Cited authorities

Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable

Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that there must be "clear indication that Congress wanted the rule to be jurisdictional," although Congress "need not use magic words" (cleaned up)

Holding that the district court erred in granting a motion to dismiss "by relying on extrinsic evidence and by taking judicial notice of disputed matters of fact to support its ruling"

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"

Holding that unwarranted inferences are insufficient to defeat a motion to dismiss

Holding that jurisdiction is established "when the citizen-plaintiffs make a good-faith allegation of continuous or intermittent violation"

Holding notice and 60-day delay requirements mandatory conditions precedent to commencing suit under 42 U.S.C. § 6972

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Granting Administrator right to intervene in citizen suits

Imposing general prohibition on "the discharge of any pollutant by any person"

Granting EPA the authority to require a permit for such discharges

Designating State Water Resources Control Board as implementing authority for the CWA

Requiring notice that includes information sufficiently specific to allow the recipient to identify the "standard, limitation, or order" allegedly violated