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Forest Service Employees For Environmental Ethics v. United States Forest Service et al

MOTION for Summary Judgment

59 Cited authorities

  1. United States v. Salerno

    481 U.S. 739 (1987)   Cited 5,466 times   15 Legal Analyses
    Holding that "extensive safeguards" are necessary "to repel a facial challenge"

  2. Citizens United v. Fed. Election Comm'n

    558 U.S. 310 (2010)   Cited 1,600 times   72 Legal Analyses
    Holding that disclaimer and disclosure requirements are subject to exacting scrutiny

  3. Wash. State Grange v. Wa. State Repub. Party

    552 U.S. 442 (2008)   Cited 1,261 times   4 Legal Analyses
    Holding that courts should neither "anticipate a question of constitutional law in advance of the necessity of deciding it" nor "formulate a rule of constitutional law broader than is required by the precise facts to which it is to be applied"

  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,978 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  5. Hollingsworth v. Perry

    570 U.S. 693 (2013)   Cited 966 times   16 Legal Analyses
    Holding that proponents of a ballot initiative who "ha[d] no role ... in the enforcement of " the initiative and were not "agents of the State" lacked standing to defend it on appeal

  6. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,295 times   4 Legal Analyses
    Holding that "the APA is not to be interpreted as an implied grant of subject-matter jurisdiction to review agency actions"

  7. North Carolina v. Rice

    404 U.S. 244 (1971)   Cited 1,569 times   1 Legal Analyses
    Holding that federal courts must resolve questions of mootness before assuming jurisdiction

  8. Block v. North Dakota

    461 U.S. 273 (1983)   Cited 983 times   1 Legal Analyses
    Holding that “Congress intended the QTA to provide the exclusive means by which adverse claimants could challenge the United States' title to real property”

  9. Lands Council v. McNair

    537 F.3d 981 (9th Cir. 2008)   Cited 703 times
    Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data

  10. INS v. Nat'l Ctr. for Immigrants' Rights

    502 U.S. 183 (1991)   Cited 206 times
    Holding that a general term in the text of a statute was limited by the title of the paragraph containing the language

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,543 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,416 times   37 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,227 times   27 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,280 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  15. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,624 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  16. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,504 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  17. Section 4342 - Establishment; membership; Chairman; appointments

    42 U.S.C. § 4342   Cited 97 times

    There is created in the Executive Office of the President a Council on Environmental Quality (hereinafter referred to as the "Council"). The Council shall be composed of three members who shall be appointed by the President to serve at his pleasure, by and with the advice and consent of the Senate. The President shall designate one of the members of the Council to serve as Chairman. Each member shall be a person who, as a result of his training, experience, and attainments, is exceptionally well

  18. Section 220.6 - Categorical exclusions

    36 C.F.R. § 220.6   Cited 54 times   2 Legal Analyses
    Defining the contents of a Decision Memo

  19. Section 220.4 - General requirements

    36 C.F.R. § 220.4   Cited 36 times   4 Legal Analyses
    Providing that cumulative effects analyses need not "catalogue or exhaustively list and analyze all individual past actions"

  20. Section 1506.11 - [Effective until 7/1/2024] Timing of agency action

    40 C.F.R. § 1506.11   Cited 20 times   4 Legal Analyses

    (a) The Environmental Protection Agency shall publish a notice in the FEDERAL REGISTER each week of the environmental impact statements filed since its prior notice. The minimum time periods set forth in this section are calculated from the date of publication of this notice. (b) Unless otherwise provided by law, including statutory provisions for combining a final environmental impact statement and record of decision, Federal agencies may not make or issue a record of decision under § 1505.2 of

  21. Section 220.3 - Definitions

    36 C.F.R. § 220.3   Cited 14 times
    Defining adaptive management as an approach to government action that allows for an agency to change its management practices if those practices are failing to meet certain outcomes and objectives

  22. Section 220.7 - Environmental assessment and decision notice

    36 C.F.R. § 220.7   Cited 13 times
    Allowing an EA to consider the impacts of taking no action

  23. Section 220.5 - Environmental impact statement and record of decision

    36 C.F.R. § 220.5   Cited 6 times
    Stating the requirements of a withdrawal notice as "the date and Federal Register page number of the previously published notice"

  24. Section 230.8 - Emergency actions

    33 C.F.R. § 230.8   Cited 3 times

    In responding to emergency situations to prevent or reduce imminent risk of life, health, property, or severe economic losses, district commanders may proceed without the specific documentation and procedural requirements of other sections of this regulation. District commanders shall consider the probable environmental consequences in determining appropriate emergency actions and when requesting approval to proceed on emergency actions, will describe proposed NEPA documentation or reasons for exclusion

  25. Section 46.150 - Emergency responses

    43 C.F.R. § 46.150   Cited 3 times   1 Legal Analyses

    This section applies only if the Responsible Official determines that an emergency exists that makes it necessary to take urgently needed actions before preparing a NEPA analysis and documentation in accordance with the provisions in subparts D and E of this part. (a) The Responsible Official may take those actions necessary to control the immediate impacts of the emergency that are urgently needed to mitigate harm to life, property, or important natural, cultural, or historic resources. When taking

  26. Section 220.1 - Purpose and scope

    36 C.F.R. § 220.1   Cited 1 times   1 Legal Analyses

    (a)Purpose. This part establishes Forest Service, U.S. Department of Agriculture (USDA) procedures for compliance with the National Environmental Policy Act (NEPA) of 1969 (42 U.S.C. 4321 et seq.) and the Council on Environmental Quality (CEQ) regulations for implementing the procedural provisions of NEPA (40 CFR parts 1500 through 1508). (b)Scope. This part supplements and does not lessen the applicability of the CEQ regulations, and is to be used in conjunction with the CEQ regulations and USDA

  27. Section 989.34 - Special and emergency procedures

    32 C.F.R. § 989.34   Cited 1 times

    (a)Special procedures. During the EIAP, unique situations may arise that require EIAP strategies different than those set forth in this part. These situations may warrant modification of the procedures in this part. EPFs should only consider procedural deviations when the resulting process would benefit the Air Force and still comply with NEPA and CEQ regulations. EPFs must forward all requests for procedural deviations to HQ USAF/A7CI (or ANGRC/CEV) for review and approval by SAF/IEI. (b)Emergency