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Humane Society of the United States et al v. Salazar et al

Memorandum in opposition to re MOTION for Summary Judgment and Cross-Motion for Summary Judgment

31 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,995 times   138 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. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,036 times   504 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

  3. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,884 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  4. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,149 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. Allied-Signal, v. U.S. Nuclear Reg. Com'n

    988 F.2d 146 (D.C. Cir. 1993)   Cited 342 times   4 Legal Analyses
    Holding that in determining whether to vacate regulations that violate the APA, a court should consider “the seriousness of the [rule's] deficiencies (and thus the extent of doubt whether the agency chose correctly) and the disruptive consequences of an interim change that may itself be changed.”

  6. Northwest Ecos. v. U.S. Fish Wildlife

    475 F.3d 1136 (9th Cir. 2007)   Cited 176 times
    Holding that “the DPS Policy is a reasonable construction of ‘distinct population segment’ ”

  7. Grocery Mfrs. Ass'n v. Envtl. Prot. Agency

    693 F.3d 169 (D.C. Cir. 2012)   Cited 101 times   1 Legal Analyses
    Finding alleged injury "speculative at best" where it "depend[ed] upon the acts of third parties not before the court"

  8. Fox Television Stations, Inc. v. F.C.C

    280 F.3d 1027 (D.C. Cir. 2002)   Cited 94 times
    Holding that, because the agency likely could justify its action on remand, the potential for disruption was "only barely relevant"

  9. Southwest Ctr. for Bio. Diversity v. Babbitt

    215 F.3d 58 (D.C. Cir. 2000)   Cited 73 times
    Holding that, where agency was under a duty to make statutory determinations “on the basis of the best available data,” the district court erred in imposing “an obligation upon the [agency] to find better data”

  10. Building Indus. Assn. of Cal. v. Norton

    247 F.3d 1241 (D.C. Cir. 2001)   Cited 64 times
    Holding that the fact that the “studies the Service relied on were imperfect ... alone is insufficient to undermine those authorities' status as the ‘best scientific ... data available’ ”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 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 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,675 times   26 Legal Analyses
    Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."

  13. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 869 times   33 Legal Analyses
    Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"

  14. Section 1533 - Determination of endangered species and threatened species

    16 U.S.C. § 1533   Cited 817 times   39 Legal Analyses
    Requiring periodic review of listed species

  15. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 706 times   11 Legal Analyses
    Defining "take"

  16. Section 706 - Arrests; search warrants

    16 U.S.C. § 706   Cited 23 times

    Any employee of the Department of the Interior authorized by the Secretary of the Interior to enforce the provisions of this subchapter shall have power, without warrant, to arrest any person committing a violation of this subchapter in his presence or view and to take such person immediately for examination or trial before an officer or court of competent jurisdiction; shall have power to execute any warrant or other process issued by an officer or court of competent jurisdiction for the enforcement