90 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,719 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"
  2. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,872 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
  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,678 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  4. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,003 times   500 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  5. United States v. Ron Pair Enterprises, Inc.

    489 U.S. 235 (1989)   Cited 4,579 times   16 Legal Analyses
    Holding that where Congress expresses its intent "with sufficient precision," then "reference to legislative history and to pre-Code practice is hardly necessary"
  6. Robinson v. Shell Oil Co.

    519 U.S. 337 (1997)   Cited 2,470 times   16 Legal Analyses
    Holding that the term “employees” carries a different meaning in different sections of Title VII
  7. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 1,997 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )
  8. Simon v. E. Ky. Welfare Rights Org.

    426 U.S. 26 (1976)   Cited 3,181 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
  9. Nat'l Assoc. Home v. Defenders of Wildlife

    551 U.S. 644 (2007)   Cited 867 times   8 Legal Analyses
    Holding alleged agency error harmless
  10. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,875 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,019 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,395 times   183 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,493 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
  14. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,668 times   26 Legal Analyses
    Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."
  15. Section 1536 - Interagency cooperation

    16 U.S.C. § 1536   Cited 1,316 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"
  16. Section 1540 - Penalties and enforcement

    16 U.S.C. § 1540   Cited 989 times   12 Legal Analyses
    Requiring such notice
  17. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 867 times   31 Legal Analyses
    Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"
  18. Section 1533 - Determination of endangered species and threatened species

    16 U.S.C. § 1533   Cited 816 times   39 Legal Analyses
    Requiring periodic review of listed species
  19. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 702 times   11 Legal Analyses
    Defining "take"
  20. Section 1539 - Exceptions

    16 U.S.C. § 1539   Cited 324 times   5 Legal Analyses
    Providing for the discretionary use of experimental populations in species recovery
  21. Section 402.02 - Definitions

    50 C.F.R. § 402.02   Cited 486 times   18 Legal Analyses
    Defining "action" as "all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. Examples include, but are not limited to . . . actions directly or indirectly causing modifications to the land, water, or air"
  22. Section 17.3 - Definitions

    50 C.F.R. § 17.3   Cited 275 times   11 Legal Analyses
    In 50 C.F.R. § 17.3, petitioner Secretary of the Interior further defines "harm" to include "significant habitat modification or degradation where it actually kills or injures wildlife."
  23. Section 402.16 - Reinitiation of formal consultation

    50 C.F.R. § 402.16   Cited 199 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"
  24. Section 1501.3 - Determine the appropriate level of NEPA review

    40 C.F.R. § 1501.3   Cited 185 times   7 Legal Analyses
    Providing instructions for how an agency should decide to issue an EIS or EA
  25. Section 17.21 - Prohibitions

    50 C.F.R. § 17.21   Cited 70 times
    Setting forth take and other prohibitions with respect to endangered species
  26. Section 1500.4 - Reducing paperwork

    40 C.F.R. § 1500.4   Cited 56 times
    Encouraging the integration of NEPA requirements with other environmental review and consultation requirements
  27. Section 17.22 - Permits for scientific purposes, enhancement of propagation or survival, or for incidental taking

    50 C.F.R. § 17.22   Cited 50 times   1 Legal Analyses
    Allowing permits for importation of endangered species upon a finding of “enhancement of propagation or survival”
  28. Section 1501.1 - NEPA thresholds

    40 C.F.R. § 1501.1   Cited 44 times   1 Legal Analyses
    Requiring comments to "[i]dentify[] at an early stage the significant environmental issues"
  29. Section 46.215 - Categorical exclusions: Extraordinary circumstances

    43 C.F.R. § 46.215   Cited 22 times   2 Legal Analyses

    Extraordinary circumstances (see paragraph 46.205(c)) exist for individual actions within categorical exclusions that may meet any of the criteria listed in paragraphs (a) through (l) of this section. Applicability of extraordinary circumstances to categorical exclusions is determined by the Responsible Official. (a) Have significant impacts on public health or safety. (b) Have significant impacts on such natural resources and unique geographic characteristics as historic or cultural resources; park

  30. Section 13.21 - Issuance of permits

    50 C.F.R. § 13.21   Cited 14 times

    (a) No permit may be issued prior to the receipt of a written application therefor, unless a written variation from the requirements, as authorized by §13.4, is inserted into the official file of the Bureau. An oral or written representation of an employee or agent of the United States Government, or an action of such employee or agent, shall not be construed as a permit unless it meets the requirements of a permit as defined in 50 CFR 10.12 . (b) Upon receipt of a properly executed application for