35 Cited authorities

  1. Baldwin v. Montana Fish and Game Comm'n

    436 U.S. 371 (1978)   Cited 309 times   1 Legal Analyses
    Holding Montana law charging nonresident elk hunters higher license fee than residents did not violate Privileges and Immunities Clause because elk hunting is a "recreation and a sport," not a commercial activity and, therefore, not a constitutional right or important economic activity
  2. Kleppe v. New Mexico

    426 U.S. 529 (1976)   Cited 272 times   1 Legal Analyses
    Holding that courts should not decide important constitutional questions on less than an "`adequate and full-bodied record'"
  3. Funbus Systems, Inc. v. C.P.U.C

    801 F.2d 1120 (9th Cir. 1986)   Cited 80 times
    Finding that Fed.R.App.P. 26 applies to appellate review of agency orders
  4. Neonatology Associates, P.A. v. C.I.R

    293 F.3d 128 (3d Cir. 2002)   Cited 44 times   2 Legal Analyses
    Holding that an amicus brief may provide assistance to a court by contributing background or factual references that merit consideration, or by explaining the impact that a potential holding might have on an industry or other group, even when the parties to an action are properly represented
  5. Defenders of Wildlife v. Salazar

    729 F. Supp. 2d 1207 (D. Mont. 2010)   Cited 29 times   1 Legal Analyses
    Holding that the agency could not delist the species for only part of the DPS
  6. Defenders of Wildlife v. Secretary, U.S. Dept.

    354 F. Supp. 2d 1156 (D. Or. 2005)   Cited 21 times
    Finding approach unlawful because it ignored that "the conservation status of populations within each DPS varie[d] dramatically, ranging from recovered populations in parts of Montana, to precarious populations in Washington, to extirpated populations in Nevada."
  7. Humane Society of U.S. v. Kempthorne

    579 F. Supp. 2d 7 (D.D.C. 2008)   Cited 17 times   1 Legal Analyses
    Finding single inconclusive statement from the legislative history insufficient to dispel ambiguity in the ESA
  8. Center for Public Integrity v. F.C.C

    505 F. Supp. 2d 106 (D.D.C. 2007)   Cited 17 times
    In Center for Public Integrity, the court noted that an analysis of customer zip codes for a business required to file with the Federal Communications Commission "over time could reveal where customers had been acquired or lost" and "could also provide valuable information about where [a] filer is focusing its efforts to acquire customers and [about] the overall financial health of the FCC filer."
  9. National Wildlife Federation v. Norton

    386 F. Supp. 2d 553 (D. Vt. 2005)   Cited 17 times
    Holding that the FWS may not limit its analysis of a significant portion of a species' range "to areas that ensure the validity of the DPS" and finding that the FWS could not delist a gray wolf DPS on the basis that a core population was viable without addressing unoccupied portions of the gray wolf's current and historical range
  10. Beverly Health Rehabilitation Ser. v. Thompson

    223 F. Supp. 2d 73 (D.D.C. 2002)   Cited 17 times
    Holding that an agency is not required to undertake the "useless" exercise of repealing a regulation by notice and comment when Congress passes a statute that renders the regulation obsolete
  11. Rule 5 - Serving and Filing Pleadings and Other Papers

    Fed. R. Civ. P. 5   Cited 22,753 times   16 Legal Analyses
    Allowing service by filing papers with the court's electronic-filing system
  12. Rule 25 - Substitution of Parties

    Fed. R. Civ. P. 25   Cited 10,999 times   11 Legal Analyses
    Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,742 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  14. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,684 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 ...."
  15. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 879 times   35 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"
  16. Section 1533 - Determination of endangered species and threatened species

    16 U.S.C. § 1533   Cited 824 times   40 Legal Analyses
    Requiring periodic review of listed species
  17. Rule 29 - Brief of an Amicus Curiae

    Fed. R. App. P. 29   Cited 304 times   10 Legal Analyses
    Stating that a motion for leave must indicate "the movant’s interest" and "the reason why an amicus brief is desirable and why the matters asserted are relevant to the disposition of the case"
  18. Section 528 - Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

    16 U.S.C. § 528   Cited 236 times
    Requiring administration of National Forest System lands for multiple uses, including recreation
  19. Section 1732 - Management of use, occupancy, and development of public lands

    43 U.S.C. § 1732   Cited 184 times   2 Legal Analyses
    Governing habitat management plans created by the Bureau of Land Management
  20. Section 668dd - National Wildlife Refuge System

    16 U.S.C. § 668dd   Cited 147 times
    Directing the Service to administer federal refuges