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Oregon Natural Desert Association et al v. United States Forest Service et al

Motion for Summary Judgment .

66 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,781 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,633 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]'"

  3. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,467 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  4. Monsanto Co. v. Geertson Seed Farms

    561 U.S. 139 (2010)   Cited 1,145 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

  5. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,001 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) )

  6. Telecommunications Research Action v. F.C.C

    750 F.2d 70 (D.C. Cir. 1984)   Cited 926 times   6 Legal Analyses
    Holding that a district court did not have jurisdiction to review a rule or issue a writ of mandamus because of a special review statute that assigned judicial review to the courts of appeals

  7. Lands Council v. Powell

    395 F.3d 1019 (9th Cir. 2004)   Cited 475 times   1 Legal Analyses
    Holding that reliance on 13–year–old habitat studies was arbitrary and capricious

  8. Southwest Center v. U.S. Forest Service

    100 F.3d 1443 (9th Cir. 1996)   Cited 357 times
    Holding that the "finding [of no effect] obviates the need for formal consultation under the ESA"

  9. Neighbors of Cuddy Mountain v. Alexander

    303 F.3d 1059 (9th Cir. 2002)   Cited 208 times
    Holding that a specific sale of timber was a final agency action

  10. Independence Mining Company, Inc. v. Babbitt

    105 F.3d 502 (9th Cir. 1997)   Cited 233 times
    Holding that the General Mining Act of 1872 “provided no express timetable or deadline for the issuance of the patents” and, “[a]t most, . . . implie[d] that the issuance must be completed within a reasonable time, or . . . ‘expeditiously' under the circumstances”

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,736 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 20,440 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,169 times   556 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,365 times   36 Legal Analyses
    Adopting the definition given in Section 551

  15. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,499 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  16. Section 1536 - Interagency cooperation

    16 U.S.C. § 1536   Cited 1,320 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"

  17. 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

  18. Section 1701 - Congressional declaration of policy

    43 U.S.C. § 1701   Cited 543 times   3 Legal Analyses
    Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land

  19. Section 1600 - Congressional findings

    16 U.S.C. § 1600   Cited 469 times   1 Legal Analyses
    Directing agency to specify guidelines for land management plans

  20. Section 1271 - Congressional declaration of policy

    16 U.S.C. § 1271   Cited 135 times

    It is hereby declared to be the policy of the United States that certain selected rivers of the Nation which, with their immediate environments, possess outstandingly remarkable scenic, recreational, geologic, fish and wildlife, historic, cultural, or other similar values, shall be preserved in free-flowing condition, and that they and their immediate environments shall be protected for the benefit and enjoyment of present and future generations. The Congress declares that the established national

  21. Section 402.14 - Formal consultation

    50 C.F.R. § 402.14   Cited 705 times   16 Legal Analyses
    Requiring disclosure of Draft Biological Opinions to private applicants if requested

  22. Section 222.3 - Issuance of grazing and livestock use permits

    36 C.F.R. § 222.3   Cited 43 times
    Noting that such permits "convey no right, title, or interest held by the United States in any lands or resources"

  23. Section 222.1 - Authority and definitions

    36 C.F.R. § 222.1   Cited 36 times

    (a)Authority. The Chief, Forest Service, shall develop, administer and protect the range resources and permit and regulate the grazing use of all kinds and classes of livestock on all National Forest System lands and on other lands under Forest Service control. He may redelegate this authority. (b)Definitions. Allotment means a designated area of land available for livestock grazing. Allotment management plan means a document that specifies the program of action designated to reach a given set of

  24. 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"

  25. 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

  26. Section 635-007-0507 - Interim Criteria

    Or. Admin. R. 635-007-0507

    As temporary guidance to ensure the conservation of native fish prior to the completion of conservation plans, the Department shall use the interim criteria described in this rule. Once a conservation plan is approved, these interim criteria will no longer apply to the species management unit. In addition, for state endangered species covered by an associated endangered species management plan, as described in OAR 635-100-0140, these interim criteria do not apply. (1) Existing Populations - No more