51 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,747 times 138 Legal Analyses
Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,516 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 2,993 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,682 times 35 Legal Analyses
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"
Allen v. Wright
468 U.S. 737 (1984) Cited 4,750 times 9 Legal Analyses
Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,457 times 6 Legal Analyses
Holding that agency can be compelled to act if time period is specified by law
Simon v. E. Ky. Welfare Rights Org.
426 U.S. 26 (1976) Cited 3,183 times 6 Legal Analyses
Holding plaintiffs who sued IRS lacked standing where they hoped reversal of IRS rule would " ‘discourage’ hospitals from denying their services to" plaintiffs, but whether hospitals had denied services based on the existing rule remained unclear and, even if the rule were reversed, hospitals would remain free to not provide services to plaintiffs
Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,037 times 20 Legal Analyses
Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"
National Park Hospitality Assn. v. Dept. of Interior
538 U.S. 803 (2003) Cited 1,007 times 2 Legal Analyses
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
551 U.S. 644 (2007) Cited 868 times 8 Legal Analyses
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"
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,402 times 183 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Rule 25 - Substitution of Parties
Fed. R. Civ. P. 25 Cited 10,654 times 11 Legal Analyses
Providing for the automatic substitution at the district-court level of public officers sued in their official capacities
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,183 times 26 Legal Analyses
Setting the limitations period at six years
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,243 times 31 Legal Analyses
Granting judicial review over " final agency action"
Section 1251 - Congressional declaration of goals and policy
33 U.S.C. § 1251 Cited 3,541 times 61 Legal Analyses
Designating the Administrator of the EPA to "administer this chapter"
Section 7401 - Congressional findings and declaration of purpose
42 U.S.C. § 7401 Cited 1,372 times 15 Legal Analyses
Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
Section 1536 - Interagency cooperation
16 U.S.C. § 1536 Cited 1,317 times 35 Legal Analyses
Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"
Section 9031 - Short title
26 U.S.C. § 9031 Cited 40 times
This chapter may be cited as the "Presidential Primary Matching Payment Account Act". 26 U.S.C. § 9031 Added Pub. L. 93-443, title IV, §408(c), Oct. 15, 1974, 88 Stat. 1297. STATUTORY NOTES AND RELATED SUBSIDIARIES EFFECTIVE DATESection applicable with respect to taxable years beginning after Dec. 31, 1974, see section 410(c)(1) of Pub. L. 93-443 set out as an Effective Date of 1974 Amendment note under section 30101 of Title 52, Voting and Elections.
Section 1251 - Environmental protection standards
30 U.S.C. § 1251 Cited 38 times
Authorizing permanent program regulations
Section 1261 - Revision of permits
30 U.S.C. § 1261 Cited 4 times
(a) Application and revised reclamation plan; requirements; extensions to area covered (1) During the term of the permit the permittee may submit an application for a revision of the permit, together with a revised reclamation plan, to the regulatory authority. (2) An application for a revision of a permit shall not be approved unless the regulatory authority finds that reclamation as required by this chapter and the State or Federal program can be accomplished under the revised reclamation plan
Section 402.14 - Formal consultation
50 C.F.R. § 402.14 Cited 703 times 16 Legal Analyses
Requiring disclosure of Draft Biological Opinions to private applicants if requested
Section 402.16 - Reinitiation of formal consultation
50 C.F.R. § 402.16 Cited 200 times 5 Legal Analyses
Requiring the Services to reinitiate consultation in specified circumstances, including when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered"

National Parks Conservation Association v. Kempthorne et al

51 Cited authorities

Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

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"

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

Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

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

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"

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

Providing for the automatic substitution at the district-court level of public officers sued in their official capacities

Setting the limitations period at six years

Granting judicial review over " final agency action"

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

Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”

Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"

Authorizing permanent program regulations

Requiring disclosure of Draft Biological Opinions to private applicants if requested

Requiring the Services to reinitiate consultation in specified circumstances, including when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered"