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

MOTION to Dismiss Utility Defendants per Rules 12

135 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 266,461 times   365 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 27,821 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,972 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  4. Correctional Services Corporation v. Malesko

    534 U.S. 61 (2001)   Cited 2,722 times   3 Legal Analyses
    Holding that there is no private right of action under Bivens for damages against private entities that engage in alleged constitutional deprivations while acting under color of federal law

  5. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,637 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  6. BMW of North America, Inc. v. Gore

    517 U.S. 559 (1996)   Cited 2,851 times   42 Legal Analyses
    Holding that a $2 million punitive damages award was "grossly excessive" and therefore exceeded the constitutional limit

  7. United States v. Lopez

    514 U.S. 549 (1995)   Cited 2,373 times   21 Legal Analyses
    Holding that the Gun-Free School Zones Act "exceeds the authority of Congress to ‘regulate Commerce’ " as it "neither regulates a commercial activity nor" "contains jurisdictional element which would ensure, through case-by-case inquiry, that the firearm possession in question affects interstate commerce" (quoting U.S. Const. Art. I § 8 cl. 3 )

  8. Cipollone v. Liggett Group, Inc.

    505 U.S. 504 (1992)   Cited 2,402 times   9 Legal Analyses
    Holding that an express warranty was not a "requirement ... imposed under State law" because the obligation was imposed by the warrantor

  9. Stoneridge Investment Partners, LLC v. Scientific-Atlanta, Inc.

    552 U.S. 148 (2008)   Cited 1,181 times   80 Legal Analyses
    Holding that the fraud-on-the-market presumption did not apply because business partners' "deceptive acts were not communicated to the public"

  10. Sosa v. Alvarez-Machain

    542 U.S. 692 (2004)   Cited 1,167 times   16 Legal Analyses
    Holding that no "private cause of action" had been Congressionally authorized, and thus, plaintiff was "not entitled to a remedy"

  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 345,715 times   922 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 1367 - Supplemental jurisdiction

    28 U.S.C. § 1367   Cited 61,736 times   78 Legal Analyses
    Holding that in civil actions proceeding in federal court based solely on diversity jurisdiction under 28 U.S.C. § 1332, the district court "shall not have supplemental jurisdiction" over "claims by plaintiffs against persons made parties under Rule . . . 24" or "over claims by persons . . seeking to intervene as plaintiffs under Rule 24," if "exercising supplemental jurisdiction over such claims would be inconsistent with the jurisdictional requirements of section 1332"

  13. Section 7607 - Administrative proceedings and judicial review

    42 U.S.C. § 7607   Cited 784 times   10 Legal Analyses
    Granting the D.C. Circuit original jurisdiction to review "any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter" and granting regional circuits jurisdiction to review "any other final action of the Administrator under this chapter ... which is locally or regionally applicable"

  14. Section 1601 - Congressional findings and declaration of policy

    43 U.S.C. § 1601   Cited 213 times   3 Legal Analyses

    Congress finds and declares that- (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges

  15. Section 7521 - Emission standards for new motor vehicles or new motor vehicle engines

    42 U.S.C. § 7521   Cited 162 times   11 Legal Analyses
    Requiring section 202 regulation to take effect only "after such period as the Administrator finds necessary to permit the development and application of the requisite technology"

  16. Section 361 - Lapse of time barring action arising in another state or foreign country

    Cal. Code Civ. Proc. § 361   Cited 78 times
    Providing that "[w]hen a cause of action has arisen" in a jurisdiction other than California and is time-barred under the law of that jurisdiction, the claim is also time-barred in California

  17. Section 3490 - Nuisance not legalized by lapse of time

    Cal. Civ. Code § 3490   Cited 37 times

    No lapse of time can legalize a public nuisance, amounting to an actual obstruction of public right. Ca. Civ. Code § 3490 Enacted 1872.

  18. 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"

  19. 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

  20. 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