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Louisiana Forestry Association Inc. et al v. Solis et al

MEMORANDUM. SIGNED BY HONORABLE LEGROME D. DAVIS ON 08/20/2012. 08/20/2012 ENTERED AND COPIES MAILED, E-MAILED.

69 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,017 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"

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

    463 U.S. 29 (1983)   Cited 6,630 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]'"

  3. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,337 times   88 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  4. Pennsylvania Dept. of Corrections v. Yeskey

    524 U.S. 206 (1998)   Cited 2,155 times
    Holding that text of Title II's prohibition of discrimination by "public entities" against disabled individuals "unmistakably includes State prisons and prisoners within its coverage"

  5. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,434 times   8 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

  6. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,969 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  7. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,716 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

  8. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,878 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

  9. Lopez v. Davis

    531 U.S. 230 (2001)   Cited 884 times   5 Legal Analyses
    Holding that a mandatory statutory command had a different meaning than nearby permissive commands because "Congress’ use of the permissive ‘may’ in [one subsection] contrasts with the legislators’ use of a mandatory ‘shall’ in the very same section"

  10. Griffin v. Oceanic Contractors, Inc.

    458 U.S. 564 (1982)   Cited 1,264 times   2 Legal Analyses
    Holding that a court has no discretion in the assessment of the double-wage penalty

  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,390 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  12. Rule 201 - Judicial Notice of Adjudicative Facts

    Fed. R. Evid. 201   Cited 28,274 times   26 Legal Analyses
    Holding "[n]ormally, in deciding a motion to dismiss for failure to state a claim, courts must limit their inquiry to the facts stated in the complaint and the documents either attached to or incorporated in the complaint. However, courts may also consider matters of which they may take judicial notice."

  13. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  14. Section 1101 - Definitions

    8 U.S.C. § 1101   Cited 16,346 times   92 Legal Analyses
    Finding notice and comment rulemaking is required for the agency's interim rule recognizing fear of coercive family practices as basis for refugee status

  15. Section 1182 - Inadmissible aliens

    8 U.S.C. § 1182   Cited 9,713 times   66 Legal Analyses
    Holding deportable aliens who have been convicted of "crimes involving moral turpitude"

  16. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,365 times   36 Legal Analyses
    Adopting the definition given in Section 551

  17. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   145 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  18. Section 1184 - Admission of nonimmigrants

    8 U.S.C. § 1184   Cited 593 times   11 Legal Analyses
    Creating exceptions to caps, including separate quota of 20,000 for nonimmigrants with master's or higher degree

  19. Section 271 - Establishment of Bureau of Citizenship and Immigration Services

    6 U.S.C. § 271   Cited 279 times
    Providing "there are transferred from the Commissioner of Immigration and Naturalization to the Director of the Bureau of Citizenship and Immigration Services the following functions . . . Adjudications of asylum and refugee applications . . . . All other adjudications performed by the [INS] immediately before [the Homeland Security Act's effective date]"

  20. Section 604 - Final regulatory flexibility analysis

    5 U.S.C. § 604   Cited 118 times   1 Legal Analyses
    Delineating the requirement that the agency conduct an analysis on minimizing the significant economic impact of the rule on small entities and that the agency design mechanisms to minimize any adverse consequences

  21. Section 214.2 - Special requirements for admission, extension, and maintenance of status

    8 C.F.R. § 214.2   Cited 462 times   44 Legal Analyses
    Restating cap in 8 U.S.C. § 1184(g)(l)

  22. Section 655.10 - Determination of prevailing wage for temporary labor certification purposes

    20 C.F.R. § 655.10   Cited 29 times   3 Legal Analyses
    Eliminating the italicized portion above

  23. Section 655.1 - Scope and purpose of this subpart

    20 C.F.R. § 655.1   Cited 6 times

    Section 214(c)(1) of the Immigration and Nationality Act (INA), 8 U.S.C. 1184(c)(1) , requires the Secretary of Homeland Security to consult with appropriate agencies before authorizing the classification of aliens as H-2B workers. Department of Homeland Security (DHS) regulations at 8 CFR 214.2(h)(6)(iii)(D) designate the Secretary of Labor as an appropriate authority with whom DHS consults regarding the H-2B program, and specifies that the Secretary of Labor, in carrying out this consultative function

  24. Section 655.50 - Determinations

    20 C.F.R. § 655.50   Cited 3 times

    (a)Certifying Officers (COs). The Administrator, OFLC is the Department's National CO. The Administrator, OFLC and the CO(s), by virtue of delegation from the Administrator, OFLC, have the authority to certify or deny Applications for Temporary Employment Certification under the H-2B nonimmigrant classification. If the Administrator, OFLC directs that certain types of temporary labor certification applications or a specific Application for Temporary Employment Certification under the H-2B nonimmigrant