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Hollingsworth et al v. Vilsack et al

MOTION for Summary Judgment

37 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,657 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]'"

  2. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,455 times   9 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  3. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

    435 U.S. 519 (1978)   Cited 1,759 times   5 Legal Analyses
    Holding that where rulemaking fulfills basic APA standards for notice and procedure, a court will not impose additional process

  4. 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"

  5. County of Los Angeles v. Shalala

    192 F.3d 1005 (D.C. Cir. 1999)   Cited 271 times   1 Legal Analyses
    Holding that it was error for the district court to fashion a remedy for the agency to follow after declaring agency action unlawful

  6. Assoc. of Amer. Physicians v. Texas Med. Bd.

    627 F.3d 547 (5th Cir. 2010)   Cited 117 times
    Holding that an association of doctors had standing to sue for injunctive relief against a board of medical examiners for retaliatory tactics

  7. Butte County v. Hogen

    613 F.3d 190 (D.C. Cir. 2010)   Cited 96 times
    Rejecting agency finding under APA substantial evidence standard where agency failed to "articulate a satisfactory explanation" and agency "ignore[d] evidence contradicting its position"

  8. Kadia v. Gonzales

    501 F.3d 817 (7th Cir. 2007)   Cited 85 times
    Faulting IJ for "fail[ing] to distinguish between material lies, on the one hand, and innocent mistakes, trivial inconsistencies, and harmless exaggerations, on the other hand"

  9. Am. Trucking Assocs., Inc. v. Fed. Motor Carrier Safety Admin.

    724 F.3d 243 (D.C. Cir. 2013)   Cited 69 times
    Describing a national trade association's interest in challenging a rule regulating its industry as "obvious"

  10. Medina Cty. Environ. Action v. Surface Transp

    602 F.3d 687 (5th Cir. 2010)   Cited 65 times
    Rejecting claim that agency's analysis was inadequate where agency found “the mitigation measures required by the TCEQ as a condition of approval of the WPAP would adequately address any danger that these activities might pose to groundwater and karst features or to the listed karst invertebrates that rely on them.”

  11. Section 2412 - Costs and fees

    28 U.S.C. § 2412   Cited 29,008 times   22 Legal Analyses
    Limiting the eligibility of individuals and entities to claim attorney's fees under EAJA to those who "net worth" is under specified amounts

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 1746 - Unsworn declarations under penalty of perjury

    28 U.S.C. § 1746   Cited 10,098 times   17 Legal Analyses
    Permitting the use of declarations instead

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

    42 U.S.C. § 4332   Cited 3,622 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  15. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,502 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  16. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 698 times   3 Legal Analyses
    Recognizing "the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man," and declaring the federal government’s responsibility to "preserve important historic, cultural, and natural aspects of our national heritage"

  17. Section 1501.4 - Categorical exclusions

    40 C.F.R. § 1501.4   Cited 753 times   10 Legal Analyses
    Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required

  18. Section 1500.1 - Purpose and policy

    40 C.F.R. § 1500.1   Cited 461 times   2 Legal Analyses
    Explaining that the purpose of NEPA's procedures is to make information available before decisions are made

  19. Section 1502.24 - Environmental review and consultation requirements

    40 C.F.R. § 1502.24   Cited 111 times
    Noting that agencies should "make explicit reference . . . to the scientific and other sources relied upon for conclusions in the statement"