62 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,095 times   139 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  2. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,712 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,663 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  4. United States v. Ron Pair Enterprises, Inc.

    489 U.S. 235 (1989)   Cited 4,586 times   16 Legal Analyses
    Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
  5. 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"
  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. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,520 times   40 Legal Analyses
    Holding that Congress had not yet empowered the FDA to regulate tobacco products
  8. Data Processing Service v. Camp

    397 U.S. 150 (1970)   Cited 2,473 times   2 Legal Analyses
    Holding that "[t]here can be no doubt" that the plaintiffs have Article III standing because they "allege that competition [resulting from the challenged regulation] might entail some future loss of profits for [them]"
  9. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,152 times   4 Legal Analyses
    Holding that "a reviewing court must generally be at its most deferential" when examining an agency decision made "within its area of special expertise, at the frontiers of science"
  10. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,159 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,185 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. 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"
  13. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,816 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,416 times   37 Legal Analyses
    Adopting the definition given in Section 551
  15. Section 1801 - Findings, purposes and policy

    16 U.S.C. § 1801   Cited 427 times   5 Legal Analyses
    Finding the economies of "[m]any coastal areas . . . have been badly damaged by the overfishing of fishery resources," particularly by "[t]he activities of massive foreign fishing fleets"
  16. Section 1855 - Other requirements and authority

    16 U.S.C. § 1855   Cited 246 times
    Adopting the standards for judicial review under 5 U.S.C. § 706
  17. Section 1851 - National standards for fishery conservation and management

    16 U.S.C. § 1851   Cited 198 times   1 Legal Analyses
    Requiring that FMPs “be consistent with the following national standards for fishery conservation and management”
  18. Section 1852 - Regional Fishery Management Councils

    16 U.S.C. § 1852   Cited 191 times   1 Legal Analyses
    Requiring the councils to conduct public hearings "to allow all interested persons an opportunity to be heard in the development of fishery management plans"
  19. Section 1854 - Action by Secretary

    16 U.S.C. § 1854   Cited 175 times
    Allowing fee "to recover the actual costs directly related to the management, data collection, and enforcement of any limited access privilege program," without limiting fee to payment for observers
  20. Section 1853 - Contents of fishery management plans

    16 U.S.C. § 1853   Cited 174 times   1 Legal Analyses
    Allowing fishery management plans to "prohibit, limit, condition, or require the use of specified types and quantities of fishing gear"
  21. Section 600.325 - National Standard 4-Allocations

    50 C.F.R. § 600.325   Cited 28 times
    Defining " ‘allocation’ or ‘assignment’ of fishing privileges" under National Standard 4
  22. Section 600.345 - National Standard 8-Communities

    50 C.F.R. § 600.345   Cited 19 times
    Discussing National Standard 8
  23. Section 600.330 - National Standard 5-Efficiency

    50 C.F.R. § 600.330   Cited 6 times

    (a)Standard 5. Conservation and management measures shall, where practicable, consider efficiency in the utilization of fishery resources; except that no such measure shall have economic allocation as its sole purpose. (b)Efficiency in the utilization of resources - (1)General. The term "utilization" encompasses harvesting, processing, marketing, and non-consumptive uses of the resource, since management decisions affect all sectors of the industry. In considering efficient utilization of fishery