37 Cited authorities

  1. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,828 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,565 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
  3. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,646 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]'"
  4. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,340 times   90 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"
  5. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,477 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law
  6. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,975 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  7. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 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. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.

    419 U.S. 281 (1974)   Cited 1,980 times   4 Legal Analyses
    Holding that "[w]e can discern in the Commission's opinion a rational basis for its treatment of the evidence, and the `arbitrary and capricious' test does not require more"
  9. Kleppe v. Sierra Club

    427 U.S. 390 (1976)   Cited 1,017 times   2 Legal Analyses
    Holding that role of court in reviewing agency action under NEPA is to ensure agency has taken a "hard look" at environmental consequences; the court cannot "interject itself within the area of discretion of the executive as to the choice of the action to be taken."
  10. U.S. v. Dunkel

    927 F.2d 955 (7th Cir. 1991)   Cited 2,237 times   5 Legal Analyses
    Holding that "Judges are not like pigs, hunting for truffles buried in" the record
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,613 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 20,497 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Rule 7 - Pleadings Allowed; Form of Motions and Other Papers

    Fed. R. Civ. P. 7   Cited 7,588 times   2 Legal Analyses
    Defining "pleadings" for purposes of the Federal Rules of Civil Procedure
  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,262 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  15. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,618 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  16. Section 1604 - National Forest System land and resource management plans

    16 U.S.C. § 1604   Cited 613 times   2 Legal Analyses
    Granting the Secretary rulemaking authority over LRMP development and revision procedures
  17. Section 528 - Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

    16 U.S.C. § 528   Cited 236 times
    Requiring administration of National Forest System lands for multiple uses, including recreation
  18. Section 1752 - Grazing leases and permits

    43 U.S.C. § 1752   Cited 72 times   1 Legal Analyses
    Recognizing that the USFS has the authority "to cancel, suspend, or modify a grazing permit or lease, in whole or in part, pursuant to the terms and conditions thereof"
  19. Section 1281 - Administration

    16 U.S.C. § 1281   Cited 53 times
    Providing authority to regulate under the Wild and Scenic Rivers Act
  20. Section 16 - Repealed

    16 U.S.C. § 16   Cited 27 times

    16 U.S.C. § 16 Pub. L. 113-287, §7, Dec. 19, 2014, 128 Stat. 3272 Section, act Apr. 18, 1930, ch. 187, 46 Stat. 219, related to central warehouses at parks and monuments; maintenance; purchase of supplies and materials; distribution. See section 104901 of Title 54, National Park Service and Related Programs.

  21. Section 220.4 - General requirements

    36 C.F.R. § 220.4   Cited 36 times   4 Legal Analyses
    Providing that cumulative effects analyses need not "catalogue or exhaustively list and analyze all individual past actions"
  22. Section 219.15 - Project and activity consistency with the plan

    36 C.F.R. § 219.15   Cited 19 times
    Offering these four options if "a proposed project ... would not be consistent with the application plan components"
  23. Section 222.2 - Management of the range environment

    36 C.F.R. § 222.2   Cited 10 times

    (a) Allotments will be designated on the National Forest System and on other lands under Forest Service control where the land is available for grazing. Associated private and other public lands should, but only with the consent of the landowner, lessee, or agency, be considered in such designations to form logical range management units. (b) Each allotment will be analyzed and with careful and considered consultation and cooperation with the affected permittees, landowners, and grazing advisory