40 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
U.S. Dept. of Justice v. Reporters Committee
489 U.S. 749 (1989) Cited 1,970 times 1 Legal Analyses
Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"
Weinberger v. Salfi
422 U.S. 749 (1975) Cited 2,800 times 1 Legal Analyses
Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)
National Archives and Records Admin. v. Favish
541 U.S. 157 (2004) Cited 863 times
Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts
Kansas Penn Gaming, LLC v. Collins
656 F.3d 1210 (10th Cir. 2011) Cited 1,513 times 1 Legal Analyses
Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss
Nat'l Labor Relations Bd. v. Robbins Tire & Rubber Co.
437 U.S. 214 (1978) Cited 964 times 4 Legal Analyses
Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”
Environmental Protection Agency v. Mink
410 U.S. 73 (1973) Cited 1,107 times 2 Legal Analyses
Holding that the privilege does not protect "memoranda consisting only of compiled factual material or purely factual material contained in deliberative memoranda and severable from its context . . ."
John Doe Agency v. John Doe Corp.
493 U.S. 146 (1989) Cited 556 times
Holding that records originally assembled for other purposes can come within Exemption 7 if subsequently compiled for law enforcement purposes
Bowden v. United States
106 F.3d 433 (D.C. Cir. 1997) Cited 553 times
Holding that when agency decides a case on the merits without mentioning timeliness, its failure to raise the issue of timeliness in the administrative process may lead to waiver of a timeliness defense
Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing
Fed. R. Civ. P. 12 Cited 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 552 - Public information; agency rules, opinions, orders, records, and proceedings
5 U.S.C. § 552 Cited 12,465 times 562 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
Section 7401 - Congressional findings and declaration of purpose
42 U.S.C. § 7401 Cited 1,404 times 18 Legal Analyses
Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
Section 7604 - Citizen suits
42 U.S.C. § 7604 Cited 889 times 24 Legal Analyses
Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."
Section 7407 - Air quality control regions
42 U.S.C. § 7407 Cited 318 times 2 Legal Analyses
Adopting provisions of the Clean Air Act Amendments of 1977, § 103, Pub.L. No. 95-95, 91 Stat. 685, 687-88
Section 7491 - Visibility protection for Federal class I areas
42 U.S.C. § 7491 Cited 57 times 4 Legal Analyses
Mandating that these regulations contain certain requirements for SIPs
Section 601.702 - Publication, public inspection, and specific requests for records
26 C.F.R. § 601.702 Cited 91 times
Stating that a FOIA request made to the IRS must "[b]e addressed to and mailed to the office of the IRS official who is responsible for the control of the records requested"
Section 51.308 - Regional haze program requirements
40 C.F.R. § 51.308 Cited 31 times 1 Legal Analyses
Directing a state to "submit an implementation plan . . . representing BART . . . for each BART-eligible source"
Section 2.102 - Procedures for making requests
40 C.F.R. § 2.102 Cited 4 times
Setting forth "procedures for making requests" for documents from EPA

Pruitt et al v. United States Environmental Protection Agency

40 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that disclosure of "[o]fficial information that sheds light on an agency's performance of its statutory duties falls squarely within [FOIA's] statutory purpose"

Holding existence of a final decision made after a hearing is central to the grant of subject matter jurisdiction under § 405(g)

Holding that "[g]iven FOIA's pro-disclosure purpose," a less stringent standard whereby a requester need only "produce evidence that would warrant a belief by a reasonable person" "is more faithful to the statutory scheme" in some contexts

Holding that district court should assume as true the plaintiff's specific factual allegations when ruling on a motion to dismiss

Holding that a FOIA requestor's rights are neither “diminished” nor “enhanced” in light of a “particular, litigation-generated need for these materials”

Holding that the privilege does not protect "memoranda consisting only of compiled factual material or purely factual material contained in deliberative memoranda and severable from its context . . ."

Holding that records originally assembled for other purposes can come within Exemption 7 if subsequently compiled for law enforcement purposes

Holding that when agency decides a case on the merits without mentioning timeliness, its failure to raise the issue of timeliness in the administrative process may lead to waiver of a timeliness defense

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

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

Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”

Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."

Adopting provisions of the Clean Air Act Amendments of 1977, § 103, Pub.L. No. 95-95, 91 Stat. 685, 687-88

Mandating that these regulations contain certain requirements for SIPs

Stating that a FOIA request made to the IRS must "[b]e addressed to and mailed to the office of the IRS official who is responsible for the control of the records requested"

Directing a state to "submit an implementation plan . . . representing BART . . . for each BART-eligible source"

Setting forth "procedures for making requests" for documents from EPA