52 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,092 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"
  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 217,065 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  3. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,977 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  4. Califano v. Sanders

    430 U.S. 99 (1977)   Cited 4,291 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"
  5. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,886 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
  6. 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
  7. Camp v. Pitts

    411 U.S. 138 (1973)   Cited 1,968 times   1 Legal Analyses
    Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"
  8. Department of Transportation v. Public Citizen

    541 U.S. 752 (2004)   Cited 605 times   31 Legal Analyses
    Holding that, under the National Environmental Policy Act, an agency cannot be considered the legal "cause" of an action that it has no statutory discretion to avoid
  9. James Madison Ltd., by Hecht v. Ludwig

    82 F.3d 1085 (D.C. Cir. 1996)   Cited 686 times
    Holding that the right to due process did not require a hearing before the government seized banks and allowed the FDIC to liquidate the banks
  10. Bletz v. Gribble

    641 F.3d 743 (6th Cir. 2011)   Cited 224 times
    Holding "[l]aw enforcement officers were fairly on notice regarding the constitutional violations inherent in subjecting an innocent bystander to a detention that was excessive both in duration and in the manner it was carried out"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 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 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,224 times   26 Legal Analyses
    Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
  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 324.35304 - Permit for use in critical dune area; requirements; decision of local unit of government; limitations; ordinance; model zoning plan; special exceptions; assisting local units of government

    Mich. Comp. Laws § 324.35304   Cited 7 times

    (1) A person shall not initiate a use within a critical dune area unless the person obtains a permit from the local unit of government in which the critical dune area is located or the department if the department issues permits as provided under subsection (7). A permit for a use within a critical dune area is subject to all of the following: (a) A person proposing a use within a critical dune area shall file an application with the local unit of government, or with the department if the department

  16. Section 324.35324 - Management of federally owned and state owned land

    Mich. Comp. Laws § 324.35324

    Federally owned land, to the extent allowable by law, and state owned land within critical dune areas shall be managed by the federal or state government, respectively, in a manner that is consistent with the model zoning plan. MCL 324.35324 Add. 1995, Act 59, Imd. Eff. 5/24/1995 .

  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 1501.2 - Apply NEPA early in the process

    40 C.F.R. § 1501.2   Cited 71 times   2 Legal Analyses
    Requiring that "[a]gencies . . . integrate the NEPA process with other planning at the earliest possible time to insure that planning and decisions reflect environmental values. . . ."