112 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 262,570 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 275,856 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
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,814 times 141 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"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,712 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
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,121 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Alexander v. Sandoval
532 U.S. 275 (2001) Cited 2,712 times 35 Legal Analyses
Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,560 times 6 Legal Analyses
Holding that agency can be compelled to act if time period is specified by law
Marsh v. Oregon Natural Resources Council
490 U.S. 360 (1989) Cited 2,018 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) )
Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,082 times 21 Legal Analyses
Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"
Camp v. Pitts
411 U.S. 138 (1973) Cited 1,983 times 1 Legal Analyses
Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"
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 356,916 times 947 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 161,536 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 706 - Scope of review
5 U.S.C. § 706 Cited 20,852 times 229 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 794 - Nondiscrimination under Federal grants and programs
29 U.S.C. § 794 Cited 12,591 times 29 Legal Analyses
Adopting ADA standards for Rehabilitation Act claims
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,519 times 39 Legal Analyses
Adopting the definition given in Section 551
Section 12132 - Discrimination
42 U.S.C. § 12132 Cited 8,476 times 11 Legal Analyses
Prohibiting disability discrimination by public entities
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,197 times 31 Legal Analyses
Granting judicial review of "agency action"
Section 2401 - Time for commencing action against United States
28 U.S.C. § 2401 Cited 6,301 times 56 Legal Analyses
Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,343 times 33 Legal Analyses
Granting judicial review over " final agency action"
Section 2409a - Real property quiet title actions
28 U.S.C. § 2409a Cited 905 times 2 Legal Analyses
Authorizing action "to adjudicate a disputed title to real property in which the United States claims an interest"
Section 261.10 - Occupancy and use
36 C.F.R. § 261.10 Cited 130 times
Constructing or maintaining a structure on Forest System lands
Section 228.4 - Plan of operations-notice of intent-requirements
36 C.F.R. § 228.4 Cited 60 times 1 Legal Analyses
Requiring plan of operations to the Forest Service
Section 212.1 - Definitions
36 C.F.R. § 212.1 Cited 30 times
Defining a trail as a "route 50 inches or less in width or a route over 50 inches wide that is identified and managed as a trail."
Section 261.13 - Motor vehicle use
36 C.F.R. § 261.13 Cited 28 times
After National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations, provided that
Section 251.51 - Definitions
36 C.F.R. § 251.51 Cited 27 times
Applicant -any individual or entity that applies for a special use authorization. Authorized officer -any employee of the Forest Service to whom has been delegated the authority to perform the duties described in this part. Chief -the Chief of the Forest Service. Commercial filming -use of motion picture, videotaping, sound recording, or any other moving image or audio recording equipment on National Forest System lands that involves the advertisement of a product or service, the creation of a product
Section 228.3 - Definitions
36 C.F.R. § 228.3 Cited 23 times
In 36 C.F.R. 228.3 [mining] operations are simply defined as all "functions, work, and activities in connection with prospecting, exploration, development, mining or processing or mineral resources and all uses reasonably incident thereto..."
Section 212.51 - Designation of roads, trails, and areas
36 C.F.R. § 212.51 Cited 20 times
(a)General. Motor vehicle use on National Forest System roads, on National Forest System trails, and in areas on National Forest System lands shall be designated by vehicle class and, if appropriate, by time of year by the responsible official on administrative units or Ranger Districts of the National Forest System, provided that the following vehicles and uses are exempted from these designations: (1) Aircraft; (2) Watercraft; (3) Over-snow vehicles (see § 212.81 ); (4) Limited administrative use
Section 200.1 - Central organization
36 C.F.R. § 200.1 Cited 11 times
Noting that “[t]he Chief of the Forest Service, under the direction of the Secretary of Agriculture, administers the formulation, direction, and execution of Forest Service policies, programs, and activities
Section 212.52 - Public involvement
36 C.F.R. § 212.52 Cited 8 times
Requiring that opportunities for public comment on proposed designations be given "consistent with agency procedures under the National Environmental Policy Act"
Section 228.12 - Access
36 C.F.R. § 228.12 Cited 5 times
An operator is entitled to access in connection with operations, but no road, trail, bridge, landing area for aircraft, or the like, shall be constructed or improved, nor shall any other means of access, including but not limited to off-road vehicles, be used until the operator has received approval of an operating plan in writing from the authorized officer when required by § 228.4(a) . Proposals for construction, improvement or use of such access as part of a plan of operations shall include a

Public Lands for the People, Inc. et al v. United States Department of Agriculture

112 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 the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

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

Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

Holding that agency can be compelled to act if time period is specified by law

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) )

Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

Holding that "the focal point for judicial review" of whether agency action is arbitrary and capricious "should be the administrative record already in existence, not some new record made initially in the reviewing court"

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. . . ."

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

Adopting ADA standards for Rehabilitation Act claims

Adopting the definition given in Section 551

Prohibiting disability discrimination by public entities

Granting judicial review of "agency action"

Providing that a tort claim against the United States must be presented to the appropriate federal agency within two years after the claim accrues

Granting judicial review over " final agency action"

Authorizing action "to adjudicate a disputed title to real property in which the United States claims an interest"

Constructing or maintaining a structure on Forest System lands

Requiring plan of operations to the Forest Service

Defining a trail as a "route 50 inches or less in width or a route over 50 inches wide that is identified and managed as a trail."

In 36 C.F.R. 228.3 [mining] operations are simply defined as all "functions, work, and activities in connection with prospecting, exploration, development, mining or processing or mineral resources and all uses reasonably incident thereto..."

Noting that “[t]he Chief of the Forest Service, under the direction of the Secretary of Agriculture, administers the formulation, direction, and execution of Forest Service policies, programs, and activities

Requiring that opportunities for public comment on proposed designations be given "consistent with agency procedures under the National Environmental Policy Act"