38 Cited authorities

  1. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,552 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”
  2. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,719 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”
  3. Heckler v. Community Health Services

    467 U.S. 51 (1984)   Cited 1,277 times   2 Legal Analyses
    Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations
  4. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,286 times   8 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act
  5. International Paper Co. v. Ouellette

    479 U.S. 481 (1987)   Cited 456 times   11 Legal Analyses
    Holding that the Clean Water Act does not preclude aggrieved individuals from bringing a "nuisance claim pursuant to the law of the source State"
  6. Ohio Valley Envtl. Coalition v. Aracoma

    556 F.3d 177 (4th Cir. 2009)   Cited 452 times
    Holding that the court cannot "simply substitute the judgment of plaintiff's experts for that of the agency's experts" because the court must defer to agency choices and methodology
  7. Vitarelli v. Seaton

    359 U.S. 535 (1959)   Cited 511 times
    Holding that, although Congress gave the Secretary of Interior absolute discretion to terminate an employee in the name of national security, the Secretary was nevertheless required to follow its own procedural rules when making such a determination
  8. Coeur Alaska, Inc. v. Se. Alaska Conservation Council

    557 U.S. 261 (2009)   Cited 100 times
    Rejecting argument that agency memorandum interpreting agency's regulations contradicted agency's prior view
  9. U.S. v. Owens

    54 F.3d 271 (6th Cir. 1995)   Cited 239 times
    Observing that Rooker-Feldman is "a combination of the abstention and res judicata doctrines"
  10. North Carolina v. Envi'l Pro

    531 F.3d 896 (D.C. Cir. 2008)   Cited 60 times   6 Legal Analyses
    Concluding that the EPA's rule "must" be vacated because "fundamental flaws" prevented the EPA from promulgating the same rule on remand
  11. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,759 times   69 Legal Analyses
    Adopting the definition set out in the APA
  12. Section 1342 - National pollutant discharge elimination system

    33 U.S.C. § 1342   Cited 1,481 times   43 Legal Analyses
    Granting EPA the authority to require a permit for such discharges
  13. Section 1319 - Enforcement

    33 U.S.C. § 1319   Cited 1,158 times   18 Legal Analyses
    Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"
  14. Section 1344 - Permits for dredged or fill material

    33 U.S.C. § 1344   Cited 1,149 times   38 Legal Analyses
    Providing that federal agencies issue permits for navigable waters—defined as those waters used or susceptible to use in interstate commerce
  15. Section 1313 - Water quality standards and implementation plans

    33 U.S.C. § 1313   Cited 548 times   15 Legal Analyses
    Requiring a State to submit new or revised water regulations for EPA's review
  16. Section 1201 - Congressional findings

    30 U.S.C. § 1201   Cited 418 times   1 Legal Analyses
    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"
  17. Section 1341 - Certification

    33 U.S.C. § 1341   Cited 394 times   36 Legal Analyses
    Providing that each state "shall establish procedures for public notice in the case of all applications for certification by it and, to the extent it deems appropriate, procedures for public hearings in connection with specific applications."
  18. Section 4010 - Separation for cause; suspension

    22 U.S.C. § 4010   Cited 10 times

    (a) Authorization of Secretary; right to hearing; attorneys fees and backpay; leave without pay (1) The Secretary may separate any member from the Service for such cause as will promote the efficiency of the Service, including upon receiving notification from the Bureau of Diplomatic Security that such member has engaged in criminal misconduct, such as murder, rape, or other sexual assault. (2) (A) Except as provided in subparagraph (B), whenever the Secretary decides under paragraph (1) to separate

  19. Section 230.10 - Restrictions on discharge

    40 C.F.R. § 230.10   Cited 231 times   3 Legal Analyses
    Setting out the LEDPA requirement
  20. Section 325.2 - Processing of applications

    33 C.F.R. § 325.2   Cited 97 times   12 Legal Analyses
    Processing of applications
  21. Section 123.25 - Requirements for permitting

    40 C.F.R. § 123.25   Cited 70 times
    Imposing various procedural requirements on state-run permit programs
  22. Section 122.4 - Prohibitions (applicable to State NPDES programs, see Section 123.25)

    40 C.F.R. § 122.4   Cited 60 times   1 Legal Analyses
    Prohibiting NPDES permits for a new source or new discharger "if the discharge . . . will cause or contribute to the violation of water quality standards."
  23. Section 325.1 - Applications for permits

    33 C.F.R. § 325.1   Cited 56 times   1 Legal Analyses
    Detailing contents of permit application
  24. Section 230.11 - Factual determinations

    40 C.F.R. § 230.11   Cited 48 times   1 Legal Analyses
    Defining a "cumulative impact" for the purposes of the CWA as "changes in an aquatic ecosystem that are attributable to the collective effect of a number of individual discharges of dredged or fill material"
  25. Section 325.3 - Public notice

    33 C.F.R. § 325.3   Cited 43 times
    Specifying the public notice procedures
  26. Section 323.6 - Special policies and procedures

    33 C.F.R. § 323.6   Cited 17 times
    Implementing § 1344(c)
  27. Section 231.2 - Definitions

    40 C.F.R. § 231.2   Cited 15 times   3 Legal Analyses
    Defining "unacceptable adverse effect" to encompass "significant degradation of municipal water supplies ... or significant loss of or damage to" other resources
  28. Section 230.50 - Municipal and private water supplies

    40 C.F.R. § 230.50

    (a) Municipal and private water supplies consist of surface water or ground water which is directed to the intake of a municipal or private water supply system. (b) Possible loss of values: Discharges can affect the quality of water supplies with respect to color, taste, odor, chemical content and suspended particulate concentration, in such a way as to reduce the fitness of the water for consumption. Water can be rendered unpalatable or unhealthy by the addition of suspended particulates, viruses