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Native Village of Kivalina et al v. Exxonmobile Corporation et al

MOTION to Dismiss for Lack of Jurisdiction Pursuant to Federal Rule of Civil Procedure 12

49 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,073 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,982 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"

  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,798 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  4. Daimlerchrysler Corp. v. Cuno

    547 U.S. 332 (2006)   Cited 2,668 times   7 Legal Analyses
    Holding that an injury a plaintiff "suffers in some indefinite way in common with people generally" is not a cognizable injury-in-fact

  5. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,912 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  6. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,698 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"

  7. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,773 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"

  8. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,977 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  9. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,864 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  10. Holmes v. Securities Investor Protection Corp.

    503 U.S. 258 (1992)   Cited 1,669 times   8 Legal Analyses
    Holding that the Securities Investor Protection Corporation (SIPC) could not recover under RICO for stock-manipulation scheme that bankrupted broker-dealers, triggering a statutory requirement that SIPC meet the broker-dealers' obligations to their customers

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

    Fed. R. Civ. P. 12   Cited 347,506 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 09.17.080 - Apportionment of damages

    Alaska Stat. § 09.17.080   Cited 43 times
    Providing for apportionment of damages according to "the percentage of the total fault that is allocated to each claimant, defendant, third-party defendant, person who has been released from liability, or other person responsible for the damages"

  13. Section 7403 - Research, investigation, training, and other activities

    42 U.S.C. § 7403   Cited 15 times   1 Legal Analyses
    Requiring Environmental Protection Agency to evaluate "the effects of air pollution on water quality"

  14. Section 2901 - Findings

    15 U.S.C. § 2901   Cited 11 times
    Directing EPA and the Secretary of State to “jointly” develop a “coordinated national policy on global climate change” and report to Congress

  15. Section 2931 - Findings and purpose

    15 U.S.C. § 2931   Cited 6 times

    (a) Findings The Congress makes the following findings: (1) Industrial, agricultural, and other human activities, coupled with an expanding world population, are contributing to processes of global change that may significantly alter the Earth habitat within a few human generations. (2) Such human-induced changes, in conjunction with natural fluctuations, may lead to significant global warming and thus alter world climate patterns and increase global sea levels. Over the next century, these consequences

  16. Section 16293 - Carbon storage validation and testing

    42 U.S.C. § 16293

    (a) Definitions In this section: (1) Large-scale carbon sequestration The term "large-scale carbon sequestration" means a scale that- (A) demonstrates the ability to inject into geologic formations and sequester carbon dioxide; and (B) has a goal of sequestering not less than 50 million metric tons of carbon dioxide. (2) Program The term "program" means the program established under subsection (b)(1). (b) Carbon storage program (1) In general The Secretary shall establish a program of research, development