68 Cited authorities

Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,925 times 67 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,658 times 50 Legal Analyses
Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
Monsanto Co. v. Geertson Seed Farms
561 U.S. 139 (2010) Cited 1,158 times 13 Legal Analyses
Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue
Citizens to Preserve Overton Park v. Volpe
401 U.S. 402 (1971) Cited 5,977 times 8 Legal Analyses
Holding a decision is committed to agency discretion when there is "no law to apply"
Amoco Production Co. v. Gambell
480 U.S. 531 (1987) Cited 2,092 times 1 Legal Analyses
Holding that a District Court did not err in declining to issue an injunction to bar exploratory drilling on Alaskan public lands, because the district court's decision "did not undermine" the policy of the Alaska National Interest Lands Conservation Act, 16 U.S.C. § 3120, and because the Secretary of the Interior had other means of meaningfully complying with the statute
Robertson v. Methow Valley Citizens Council
490 U.S. 332 (1989) Cited 1,392 times 11 Legal Analyses
Holding NEPA does not require a "worst case analysis"
Weinberger v. Romero-Barcelo
456 U.S. 305 (1982) Cited 1,775 times 4 Legal Analyses
Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation
Tennessee Valley Authority v. Hill
437 U.S. 153 (1978) Cited 1,512 times 7 Legal Analyses
Holding that budget appropriations cannot alter meaning of statute
Lands Council v. McNair
537 F.3d 981 (9th Cir. 2008) Cited 703 times
Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data
Wilderness Soc. v. U.S. Forest Service
630 F.3d 1173 (9th Cir. 2011) Cited 287 times
Holding that injury in an environmental litigation is met "by showing that group members have direct contact with the environmental subject matter threatened by the adverse decision" (quoting Idaho Farm Bureau Fed'n v. Babbitt , 58 F.3d 1392, 1398 (9th Cir. 1995) )
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,592 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,527 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
42 U.S.C. § 4332 Cited 3,622 times 28 Legal Analyses
Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
Section 1251 - Congressional declaration of goals and policy
33 U.S.C. § 1251 Cited 3,552 times 62 Legal Analyses
Designating the Administrator of the EPA to "administer this chapter"
Section 4321 - Congressional declaration of purpose
42 U.S.C. § 4321 Cited 3,502 times 30 Legal Analyses
Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"
Section 1311 - Effluent limitations
33 U.S.C. § 1311 Cited 1,977 times 48 Legal Analyses
Imposing general prohibition on "the discharge of any pollutant by any person"
Section 1531 - Congressional findings and declaration of purposes and policy
16 U.S.C. § 1531 Cited 1,676 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 ...."
Section 1536 - Interagency cooperation
16 U.S.C. § 1536 Cited 1,322 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 1362 - Definitions
33 U.S.C. § 1362 Cited 1,167 times 102 Legal Analyses
Defining “pollutant” to include “rock”
Section 1344 - Permits for dredged or fill material
33 U.S.C. § 1344 Cited 1,151 times 38 Legal Analyses
Providing that federal agencies issue permits for navigable waters—defined as those waters used or susceptible to use in interstate commerce
Section 402.14 - Formal consultation
50 C.F.R. § 402.14 Cited 706 times 16 Legal Analyses
Requiring disclosure of Draft Biological Opinions to private applicants if requested
Section 402.02 - Definitions
50 C.F.R. § 402.02 Cited 489 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"
Section 1500.1 - Purpose and policy
40 C.F.R. § 1500.1 Cited 461 times 2 Legal Analyses
Explaining that the purpose of NEPA's procedures is to make information available before decisions are made
Section 320.4 - General policies for evaluating permit applications
33 C.F.R. § 320.4 Cited 268 times 2 Legal Analyses
Guiding the Corps’ "decision whether to issue a permit"
Section 230.10 - Restrictions on discharge
40 C.F.R. § 230.10 Cited 231 times 3 Legal Analyses
Setting out the LEDPA requirement
Section 402.16 - Reinitiation of consultation
50 C.F.R. § 402.16 Cited 203 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"
Section 323.2 - Definitions
33 C.F.R. § 323.2 Cited 186 times 7 Legal Analyses
Limiting "general" permits to activities that "cause only minimal individual and cumulative environmental impacts"
Section 230.3 - Definitions
40 C.F.R. § 230.3 Cited 111 times 14 Legal Analyses
Defining "waters of the United States" to include wetlands
Section 320.1 - Purpose and scope
33 C.F.R. § 320.1 Cited 81 times 4 Legal Analyses
Justifying the nationwide permit program as "the primary method of eliminating unnecessary federal control over activities which do not justify individual control or which are adequately regulated by another agency"
Section 223.102 - Enumeration of threatened marine and anadromous species
50 C.F.R. § 223.102 Cited 37 times
Listing threatened salmon species

Northwest Environmental Defense Center v. United States Army Corps of Engineers et al

68 Cited authorities

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue

Holding a decision is committed to agency discretion when there is "no law to apply"

Holding NEPA does not require a "worst case analysis"

Holding that Federal Water Pollution Control Act did not mandate injunctions against its violation

Holding that budget appropriations cannot alter meaning of statute

Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data

Holding that injury in an environmental litigation is met "by showing that group members have direct contact with the environmental subject matter threatened by the adverse decision" (quoting Idaho Farm Bureau Fed'n v. Babbitt , 58 F.3d 1392, 1398 (9th Cir. 1995) )

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

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

Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

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

Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

Imposing general prohibition on "the discharge of any pollutant by any person"

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 ...."

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"

Defining “pollutant” to include “rock”

Providing that federal agencies issue permits for navigable waters—defined as those waters used or susceptible to use in interstate commerce

Requiring disclosure of Draft Biological Opinions to private applicants if requested

Explaining that the purpose of NEPA's procedures is to make information available before decisions are made

Guiding the Corps’ "decision whether to issue a permit"

Setting out the LEDPA requirement

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"

Limiting "general" permits to activities that "cause only minimal individual and cumulative environmental impacts"

Defining "waters of the United States" to include wetlands

Justifying the nationwide permit program as "the primary method of eliminating unnecessary federal control over activities which do not justify individual control or which are adequately regulated by another agency"

Listing threatened salmon species