Bennett v. Spear

Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

Connecticut Nat. Bank v. Germain

Holding that § 1292 applies also to bankruptcy jurisdiction and is not displaced by § 158(d)

Norton v. Southern Utah Wilderness Alliance

Holding that agency can be compelled to act if time period is specified by law

Abbott Laboratories v. Gardner

Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

National Park Hospitality Assn. v. Dept. of Interior

Holding that although the question presented was purely legal and the rule constituted final action, further factual development would "significantly advance our ability to deal with the legal issues presented" so the matter was not ripe for judicial review

Nat'l Assoc. Home v. Defenders of Wildlife

Holding that a stray erroneous statement in the Federal Register "which could have had no effect on the underlying agency action being challenged" is not "the type of error that requires a remand"

Ohio Forestry Assn., Inc. v. Sierra Club

Holding that a procedural dispute is ripe “at the time the [procedural] failure takes place”

Davis v. Michigan Dept. of Treasury

Holding that "the relevant inquiry is whether the inconsistent tax treatment is directly related to, and justified by, `significant differences between the two classes'"

Franklin v. Massachusetts

Holding that the decennial census report was not subject to judicial review, because it carried "no direct consequences for the reapportionment," and the President was "not expressly required to adhere to the policy decisions reflected in the Secretary's report"

McKart v. United States

Holding that issue which involved statutory interpretation did not require exhaustion because it required no agency expertise, was not a matter of discretion, and would not have been aided by any additional administrative action

Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Section 706 - Scope of review

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Section 2401 - Time for commencing action against United States

Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

Section 704 - Actions reviewable

Granting judicial review over " final agency action"

Section 1251 - Congressional declaration of goals and policy

Designating the Administrator of the EPA to "administer this chapter"

Section 1342 - National pollutant discharge elimination system

Granting EPA the authority to require a permit for such discharges

Section 1362 - Definitions

Defining “pollutant” to include “rock”

Section 1344 - Permits for dredged or fill material

Providing that federal agencies issue permits for navigable waters—defined as those waters used or susceptible to use in interstate commerce

Section 1201 - Congressional findings

Declaring that regulation of surface coal mining "is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of such mining operations"

Section 1361 - Administration

Giving Administrator authority "to prescribe such regulations as are necessary to carry out his functions under this chapter"

Section 320.4 - General policies for evaluating permit applications

Guiding the Corps’ "decision whether to issue a permit"

Section 230.10 - Restrictions on discharge

Setting out the LEDPA requirement

Section 230.3 - Definitions

Defining "waters of the United States" to include wetlands

Section 232.2 - Definitions

Defining "waters of the United States"

Section 323.6 - Special policies and procedures

Implementing § 1344(c)

Section 231.3 - Procedures for proposed determinations

Providing that the Regional Administrator "may initiate" the § 404(c) process if he "has reason to believe ... that an ‘unacceptable adverse effect’ could result" from the discharge of dredged or fill material into a certain area

Section 231.2 - Definitions

Defining "unacceptable adverse effect" to encompass "significant degradation of municipal water supplies ... or significant loss of or damage to" other resources

Section 231.1 - Purpose and scope

Section 231.5 - Recommended determination

Section 231.4 - Public comments and hearings