13 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 15,160 times   433 Legal Analyses
    Holding that a court "may not substitute its own construction of a statutory provision for a reasonable interpretation made by [the agency charged with administering the statute]," where Congress has not spoken directly to the issue
  2. Food & Drug Administration v. Brown & Williamson Tobacco Corp.

    529 U.S. 120 (2000)   Cited 1,292 times   24 Legal Analyses
    Holding that the FDA could not regulate tobacco because it was "plain that Congress ha[d] not given the FDA the authority that it s[ought] to exercise"
  3. Nat'l Assoc. Home v. Defenders of Wildlife

    551 U.S. 644 (2007)   Cited 762 times   7 Legal Analyses
    Holding that EPA action was not discretionary where mandated by the Clean Air Act
  4. Citizens Exposing Truth v. Kempthorne

    492 F.3d 460 (D.C. Cir. 2007)   Cited 35 times
    Holding that a publication in the Federal Register is entitled to Chevron deference
  5. Legacy Fishing Company v. Gutierrez

    Civil Action No. 06-0835 (JR) (D.D.C. Mar. 20, 2007)   Cited 1 times   1 Legal Analyses

    Civil Action No. 06-0835 (JR). March 20, 2007 MEMORANDUM JAMES ROBERTSON, District Judge Plaintiffs Legacy Fishing Company and Fishing Company of Alaska, Inc. have filed suit against Commerce Secretary Carlos Guitierrez in his official capacity challenging the legality of Amendment 79 to the Bering Sea/Aleutian Islands Groundfish Fishery Management Plan and its implementing regulations. Environmental organizations Alaska Marine Conservation Council and Oceana have joined the suit as intervenor defendants

  6. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,310 times   26 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
  7. Section 1852 - Regional Fishery Management Councils

    16 U.S.C. § 1852   Cited 172 times   1 Legal Analyses
    Requiring the councils to conduct public hearings "to allow all interested persons an opportunity to be heard in the development of fishery management plans"
  8. Section 1854 - Action by Secretary

    16 U.S.C. § 1854   Cited 150 times
    Directing Fisheries Service to "prepare and implement a fishery management plan, plan amendment, or proposed regulations" designed "to end overfishing immediately in the fishery and to rebuild affected stocks of fish"
  9. Section 1802 - Definitions

    16 U.S.C. § 1802   Cited 134 times   1 Legal Analyses
    Defining "individual fishing quota" as a "limited access system to harvest a quantity of fish, expressed by . . . a percentage of the total allowable catch of a fishery"
  10. Section 9 - Repealed

    16 U.S.C. § 9   Cited 2 times

    16 U.S.C. § 9 June 30, 1949, ch. 288, title VI, §602(a)(12), 63 Stat. 400, eff. July 1, 1949; renumbered Sept. 5, 1950, ch. 849, §6(a), (b), 64 Stat. 583 Section, act Jan. 24, 1923, ch. 42, 42 Stat. 1215, related to exchange of motor vehicles and equipment as part consideration in purchase of new equipment.

  11. Section 600.310 - National Standard 1-Optimum Yield

    50 C.F.R. § 600.310   Cited 54 times   1 Legal Analyses
    Implementing regulations for National Standard One stating that ABC "could be based on an acceptable probability (at least 50 percent) that catch equal to the stock's ABC will not result in overfishing"
  12. Section 600.10 - Definitions

    50 C.F.R. § 600.10   Cited 17 times
    Applying same definition for regulations
  13. Section 771.123 - Draft environmental impact statements

    23 C.F.R. § 771.123   Cited 8 times   3 Legal Analyses
    Setting forth applicable procedures and requiring that the "draft EIS . . . evaluate all reasonable alternatives to the action discuss the reasons why other alternatives, which may have been considered, were eliminated from detailed study . . . summarize the studies, reviews, consultations, and coordination required by environmental laws or Executive Orders to the extent appropriate at this stage in the environmental process"