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La Cuna De Aztlan Sacred Sites Protection Circle Advisory Committee et al v. United States Department of Interior et al

MEMORANDUM in Support of MOTION for Attorney Fees 36 and Costs Incurred in the Previously Dismissed Action and Stay the Proceeding

11 Cited authorities

  1. Rogers v. Wal-Mart Stores, Inc.

    230 F.3d 868 (6th Cir. 2000)   Cited 659 times
    Holding post-removal stipulations to limit damages to less than the statutory amount cannot defeat diversity jurisdiction because jurisdiction is determined at the time of removal

  2. Wilderness Soc. v. U.S. Forest Service

    630 F.3d 1173 (9th Cir. 2011)   Cited 281 times
    Holding that injury in an environmental litigation is met "by showing that group members have direct contact with the environmental subject matter threatened by the adverse decision" (quoting Idaho Farm Bureau Fed'n v. Babbitt , 58 F.3d 1392, 1398 (9th Cir. 1995) )

  3. Esquivel v. Arau

    913 F. Supp. 1382 (C.D. Cal. 1996)   Cited 81 times
    Holding that the "defendants are entitled to both expenses and attorneys' fees that are reasonably incurred and will not contribute toward the defendants' defense in the present case.

  4. Jurin v. Google, Inc.

    695 F. Supp. 2d 1117 (E.D. Cal. 2010)   Cited 31 times
    Holding that Google's "Sponsored Link" advertisements program is protected by the CDA irrespective of the fact that Google "charges for its service" because Google does not "provide the content" of the advertisements

  5. Rule 41 - Dismissal of Actions

    Fed. R. Civ. P. 41   Cited 107,242 times   195 Legal Analyses
    Holding that such dismissal "operates as an adjudication on the merits"

  6. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,734 times   69 Legal Analyses
    Adopting the definition set out in the APA

  7. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,493 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  8. Section 1701 - Congressional declaration of policy

    43 U.S.C. § 1701   Cited 543 times   3 Legal Analyses
    Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land

  9. Section 1996 - Protection and preservation of traditional religions of Native Americans

    42 U.S.C. § 1996   Cited 134 times

    On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. 42 U.S.C. § 1996 Pub. L. 95-341, §1, Aug. 11, 1978, 92 Stat. 469. STATUTORY

  10. Section 3001 - Definitions

    25 U.S.C. § 3001   Cited 99 times   1 Legal Analyses
    Defining human remains as Native American if they are "of, or relating to, a tribe, people, or culture that is indigenous to the United States"

  11. Section 16511 - Definitions

    42 U.S.C. § 16511   Cited 7 times   3 Legal Analyses

    In this subchapter: (1) Commercial technology (A) In general The term "commercial technology" means a technology in general use in the commercial marketplace. (B) Inclusions The term "commercial technology" does not include a technology solely by use of the technology in a demonstration project funded by the Department. (2) Cost The term "cost" has the meaning given the term "cost of a loan guarantee" within the meaning of section 661a(5)(C) of title 2. (3) Eligible project The term "eligible project"