23 Cited authorities

  1. Alden v. Maine

    527 U.S. 706 (1999)   Cited 2,411 times   16 Legal Analyses
    Holding that sovereign immunity prohibits a private citizen from suing a State in state court
  2. Gregory v. Ashcroft

    501 U.S. 452 (1991)   Cited 1,010 times   2 Legal Analyses
    Holding Missouri's judicial age limitation of 70 rationally related to such legitimate purposes as avoiding laborious testing of older judges' physical and mental acuity, promoting orderly attrition of judges, and recognizing that judges' remoteness from public view makes determination of competency, and removal from office, more difficult than for other office-holders
  3. Allen v. Westpoint-Pepperell, Inc.

    945 F.2d 40 (2d Cir. 1991)   Cited 787 times
    Holding that a court may rescind a release agreement "where it finds either mutual mistake or one party's unilateral mistake coupled with some fraud . . . of the other party"
  4. Bayview Hunters v. Metropolitan Transp

    366 F.3d 692 (9th Cir. 2004)   Cited 67 times
    Holding that "Bayview's citizen suit represents an inappropriate attempt to alter explicit provisions" of a SIP
  5. Conservation Law Foundation, Inc. v. Busey

    79 F.3d 1250 (1st Cir. 1996)   Cited 68 times
    Holding that "[n]othing in [CAA Section 176] imposes an emissions reduction requirement" and repudiating an earlier decision to the contrary
  6. Quintero de Quintero v. Aponte-Roque

    974 F.2d 226 (1st Cir. 1992)   Cited 68 times
    Stating that when the "facts are undisputed," appellate review is "one of law"
  7. Wilder v. Thomas

    854 F.2d 605 (2d Cir. 1988)   Cited 77 times
    Holding that defendants may "invoke defensive collateral estoppel even though they were not parties" in the prior case because "[t]he central question is whether the plaintiffs have had their day in court, and the answer here is 'yes'"
  8. Friends of the Earth v. Carey

    535 F.2d 165 (2d Cir. 1976)   Cited 109 times
    Reviewing the legislative history and concluding that "the citizen suits provision reflected a deliberate choice by Congress to widen citizen access to the courts, as a supplemental and effective assurance that the Act would be implemented and enforced" and therefore "citizen groups are not to be treated as nuisances or troublemakers but rather as welcomed participants in the vindication of environmental interests"
  9. Conservation Law Found v. Federal Hwy. Admin

    24 F.3d 1465 (1st Cir. 1994)   Cited 36 times
    Holding that administrative decisions under section 4(f) are subject to a highly deferential standard of review
  10. State of Conn. v. E.P.A

    696 F.2d 147 (2d Cir. 1982)   Cited 28 times
    In Connecticut v. EPA, 696 F.2d 147 (2d Cir. 1982), the interstate emissions were shown to have been less than 1.5% of even the secondary NAAQS for total suspended particulates.
  11. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 891 times   24 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."
  12. Section 7410 - State implementation plans for national primary and secondary ambient air quality standards

    42 U.S.C. § 7410   Cited 666 times   23 Legal Analyses
    Granting EPA the discretion to revoke a State's air permitting authority if the EPA "disapproves a State implementation plan submission in whole or in part"
  13. Section 7409 - National primary and secondary ambient air quality standards

    42 U.S.C. § 7409   Cited 426 times   6 Legal Analyses
    Prohibiting a cost/benefit analysis by preventing the EPA from considering any factor other than health effects relating to pollutants in the air in establishing NAAQS for ozone and particulate matter
  14. Section 7407 - Air quality control regions

    42 U.S.C. § 7407   Cited 318 times   2 Legal Analyses
    Adopting provisions of the Clean Air Act Amendments of 1977, § 103, Pub.L. No. 95-95, 91 Stat. 685, 687-88
  15. Section 52.1119 - Identification of plan-conditional approval

    40 C.F.R. § 52.1119   Cited 1 times

    (a) The following plan revisions were submitted on the dates specified. (1) On November 13, 1992, the Massachusetts Department of Environmental Protection submitted a small business stationary source technical and environmental compliance assistance program (PROGRAM). On July 22, 1993, Massachusetts submitted a letter clarifying portions of the November 13, 1992 submittal. In these submissions, the State commits to submit adequate legal authority to establish and implement a compliance advisory panel

  16. Section 52.1120 - Identification of plan

    40 C.F.R. § 52.1120

    (a)Purpose and scope. This section sets forth the applicable State Implementation Plan (SIP) for Massachusetts under section 110 of the Clean Air Act, 42 U.S.C. 7401 , and 40 CFR part 51 to meet National Ambient Air Quality Standards. (b)Incorporation by reference. (1) Material listed in paragraphs (c) and (d) of this section with an EPA approval date prior to January 20, 2017, was approved for incorporation by reference by the Director of the Federal Register in accordance with 5 U.S.C. 552(a) and