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Public Citizen, Inc. et al v. Mukasey

MOTION for Judgment on the Pleadings or in the alternative, MOTION for Summary Judgment

63 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,982 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

  2. Irwin v. Dep't of Veterans Affairs

    498 U.S. 89 (1990)   Cited 4,556 times   8 Legal Analyses
    Holding that a statutory time limit with the same characteristics is subject to equitable tolling

  3. Allen v. Wright

    468 U.S. 737 (1984)   Cited 4,773 times   9 Legal Analyses
    Holding that, even when plaintiffs allege "one of the most serious injuries recognized in our legal system," it's not justiciable where "the chain of causation between the challenged Government conduct and the asserted injury are far too weak for the chain as a whole to sustain respondents' standing"

  4. Whitmore v. Arkansas

    495 U.S. 149 (1990)   Cited 2,864 times   16 Legal Analyses
    Holding that a third party does not have "standing to challenge the validity of a death sentence imposed on a capital defendant who has elected to forgo his right of appeal"

  5. Powers v. Ohio

    499 U.S. 400 (1991)   Cited 2,555 times   4 Legal Analyses
    Holding that a white defendant has standing to challenge strikes of black jurors

  6. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,446 times   8 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  7. Unified School Dist. v. Newdow

    542 U.S. 1 (2004)   Cited 1,205 times   2 Legal Analyses
    Holding that the plaintiff lacked standing because the interests of the plaintiff and the right-holder were "potentially in conflict"

  8. United States v. Mitchell

    463 U.S. 206 (1983)   Cited 2,638 times   2 Legal Analyses
    Holding that "the Tucker Act effects a waiver of sovereign immunity" and observing that "the existence of consent [to be sued] is a prerequisite for jurisdiction"

  9. Singleton v. Wulff

    428 U.S. 106 (1976)   Cited 2,711 times   2 Legal Analyses
    Holding that federal appellate courts may raise issues sua sponte where "injustice might otherwise result"

  10. Havens Realty Corp. v. Coleman

    455 U.S. 363 (1982)   Cited 2,033 times   13 Legal Analyses
    Holding that an allegation in the complaint that the plaintiff organization "has had to devote significant resources to identify and counteract the defendant's" illegal practices was sufficient to confer standing to the organization in its own right at the pleading stage

  11. 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 347,506 times   923 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,212 times   26 Legal Analyses
    Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

  13. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,094 times   147 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  14. Section 3501 - Purposes

    44 U.S.C. § 3501   Cited 1,060 times   5 Legal Analyses

    The purposes of this subchapter are to- (1) minimize the paperwork burden for individuals, small businesses, educational and nonprofit institutions, Federal contractors, State, local and tribal governments, and other persons resulting from the collection of information by or for the Federal Government; (2) ensure the greatest possible public benefit from and maximize the utility of information created, collected, maintained, used, shared and disseminated by or for the Federal Government; (3) coordinate

  15. Section 2501 - Time for filing suit

    28 U.S.C. § 2501   Cited 830 times   4 Legal Analyses
    Determining the statute of limitations for filing an action in the United States Court of Federal Claims

  16. Section 603 - Initial regulatory flexibility analysis

    5 U.S.C. § 603   Cited 111 times   1 Legal Analyses
    Concerning initial regulatory flexibility analyses

  17. Section 605 - Avoidance of duplicative or unnecessary analyses

    5 U.S.C. § 605   Cited 76 times   1 Legal Analyses

    (a) Any Federal agency may perform the analyses required by sections 602, 603, and 604 of this title in conjunction with or as a part of any other agenda or analysis required by any other law if such other analysis satisfies the provisions of such sections. (b) Sections 603 and 604 of this title shall not apply to any proposed or final rule if the head of the agency certifies that the rule will not, if promulgated, have a significant economic impact on a substantial number of small entities. If the

  18. Section 801 - Congressional review

    5 U.S.C. § 801   Cited 68 times   77 Legal Analyses
    Precluding a court from inferring any intent of Congress from any inaction by Congress after an agency's submission of a proposed rule

  19. Section 30501 - Definitions

    49 U.S.C. § 30501   Cited 5 times

    In this chapter- (1) "automobile" has the same meaning given that term in section 32901(a) of this title. (2) "certificate of title" means a document issued by a State showing ownership of an automobile. (3) "insurance carrier" means an individual or entity engaged in the business of underwriting automobile insurance. (4) "junk automobile" means an automobile that- (A) is incapable of operating on public streets, roads, and highways; and (B) has no value except as a source of parts or scrap. (5)

  20. Section 30502 - National Motor Vehicle Title Information System

    49 U.S.C. § 30502   Cited 3 times
    Providing that the Attorney General, "shall make available . . . to a prospective purchaser of an automobile on request of that purchaser . . . information in the System about that automobile."

  21. Section 1320.8 - Agency collection of information responsibilities

    5 C.F.R. § 1320.8   Cited 6 times   1 Legal Analyses

    The office established under § 1320.7 shall review each collection of information before submission to OMB for review under this part. (a) This review shall include: (1) An evaluation of the need for the collection of information, which shall include, in the case of an existing collection of information, an evaluation of the continued need for such collection; (2) A functional description of the information to be collected; (3) A plan for the collection of information; (4) A specific, objectively

  22. Appendix A to Part 1320 - Agencies With Delegated Review and Approval Authority

    5 C.F.R. § 1320 app A to Part 1320   Cited 5 times   1 Legal Analyses

    1. The Board of Governors of the Federal Reserve System (a) Authority to review and approve collection of information requests, collection of information requirements, and collections of information in current rules is delegated to the Board of Governors of the Federal Reserve System. (1) This delegation does not include review and approval authority over any new collection of information or any modification to an existing collection of information that: (i) Is proposed to be collected as a result

  23. Section 1320.11 - Clearance of collections of information in proposed rules

    5 C.F.R. § 1320.11   Cited 3 times

    Agencies shall submit collections of information contained in proposed rules published for public comment in the FEDERAL REGISTER in accordance with the following requirements: (a) The agency shall include, in accordance with the requirements in § 1320.5(a)(1)(iv) and § 1320.8(d)(1) and (3) , in the preamble to the Notice of Proposed Rulemaking a statement that the collections of information contained in the proposed rule, and identified as such, have been submitted to OMB for review under section