35 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,278 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Matsushita Elec. Indus. Co. v. Zenith Radio

    475 U.S. 574 (1986)   Cited 113,103 times   38 Legal Analyses
    Holding that, on summary judgment, antitrust plaintiffs "must show that the inference of conspiracy is reasonable in light of the competing inferences of independent action or collusive action that could not have harmed" them
  3. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,017 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  4. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,537 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  5. Middlesex County Sewerage Authority v. National Sea Clammers Ass'n

    453 U.S. 1 (1981)   Cited 1,388 times   9 Legal Analyses
    Holding that displacement of a federal common law injunctive action necessarily implies that a damages action brought for the same claim is also displaced
  6. 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"
  7. Environmental Defense Ctr., Inc. v. U.S.E.P.A.

    344 F.3d 832 (9th Cir. 2003)   Cited 169 times   5 Legal Analyses
    Holding that the compelled disclosure of educational materials about the hazards of stormwater discharges and the proper disposal of waste “involve[d] no compelled recitation of a message and no affirmation of belief” because “[i]nforming the public about safe toxin disposal is non-ideological,” and nothing prohibited a regulated entity “from stating its own views about the proper means of managing toxic materials”
  8. Northwest Envinl. Advocates v. U.S.

    537 F.3d 1006 (9th Cir. 2008)   Cited 76 times   1 Legal Analyses
    Holding that “ 402 allows the [EPA] to issue a permit, but it does not provide that the [EPA] may entirely exempt certain categories of discharges from the permitting requirement”—a conclusion that “EPA [did] not seriously contest”
  9. Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency

    966 F.2d 1292 (9th Cir. 1992)   Cited 116 times
    Holding arbitrary and capricious EPA rule exempting various types of light industry and construction sites of less than five acres from permitting requirements
  10. Waterkeeper Alliance, Inc. v. U.S.E.P.A

    399 F.3d 486 (2d Cir. 2005)   Cited 74 times   5 Legal Analyses
    Holding manure spread across fields is a point source
  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  12. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,545 times   61 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"
  13. Section 1365 - Citizen suits

    33 U.S.C. § 1365   Cited 2,195 times   28 Legal Analyses
    Granting Administrator right to intervene in citizen suits
  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 1319 - Enforcement

    33 U.S.C. § 1319   Cited 1,156 times   18 Legal Analyses
    Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"
  17. 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] ...."
  18. Section 52.21 - Prevention of significant deterioration of air quality

    40 C.F.R. § 52.21   Cited 216 times   22 Legal Analyses
    Providing minimum federal standards upon plan disapproval
  19. Section 122.26 - Storm water discharges (applicable to State NPDES programs, see Section 123.25)

    40 C.F.R. § 122.26   Cited 184 times   39 Legal Analyses
    Requiring permits for discharges from oil and gas activities that contribute to a violation of a water quality standard
  20. Section 122.21 - Application for a permit (applicable to State programs, see Section 123.25)

    40 C.F.R. § 122.21   Cited 70 times

    (a)Duty to apply. (1) Any person who discharges or proposes to discharge pollutants or who owns or operates a "sludge-only facility" whose sewage sludge use or disposal practice is regulated by part 503 of this chapter, and who does not have an effective permit, except persons covered by general permits under § 122.28 , excluded under § 122.3 , or a user of a privately owned treatment works unless the Director requires otherwise under § 122.44(m) , must submit a complete application to the Director