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FRIENDS OF THE EEL RIVER v. NORTH COAST RAILROAD AUTHORITY (NORTHWESTERN PACIFIC RAILROAD COMPANY)

Amicus Curiae Brief of Center for Biological Diversity

58 Cited authorities

  1. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,686 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  2. Medtronic, Inc. v. Lohr

    518 U.S. 470 (1996)   Cited 2,415 times   35 Legal Analyses
    Holding that the presence of a state-law damages remedy for violations of FDA requirements does not impose an additional requirement upon medical device manufacturers but "merely provides another reason for manufacturers to comply with . . . federal law"

  3. Wyeth v. Levine

    555 U.S. 555 (2009)   Cited 1,432 times   101 Legal Analyses
    Holding that the FDA's drug labeling judgments pursuant to the FDCA did not obstacle preempt state law products liability claims

  4. English v. General Electric Co.

    496 U.S. 72 (1990)   Cited 1,315 times   8 Legal Analyses
    Holding that a tort arising from whistleblower retaliation at a nuclear facility was insufficiently related to radiological safety aspects in the facility's operation

  5. San Diego Unions v. Garmon

    359 U.S. 236 (1959)   Cited 2,545 times   32 Legal Analyses
    Holding that "the States as well as the federal court must defer to the exclusive competence of the National Labor Relations Board" if "an activity is arguably subject to § 7 or § 8 of the [NLRA]"

  6. Rowe v. New Hampshire Motor Transp. Ass'n

    552 U.S. 364 (2008)   Cited 387 times   8 Legal Analyses
    Holding that targeted ground carrier regulations were pre-empted by a statute modeled on the ADA

  7. Perez v. Campbell

    402 U.S. 637 (1971)   Cited 914 times
    Holding that federal bankruptcy law preempted a state law that interfered with federal bankruptcy law's goal of providing uniform standards for determining discharge of debt

  8. Dan's City Used Cars, Inc. v. Pelkey

    569 U.S. 251 (2013)   Cited 202 times   5 Legal Analyses
    Holding that "the breadth of the words ‘related to’ does not mean the sky is the limit" in rejecting a defendant's preemption argument under a statute that "[b]orrow from the ADA's preemption clause"

  9. Hines v. Davidowitz

    312 U.S. 52 (1941)   Cited 2,184 times   12 Legal Analyses
    Holding that the Alien Registration Act of 1940 preempted Pennsylvania's alien registration requirements

  10. Building & Construction Trades Council of the Metropolitan District v. Associated Builders & Contractors of Massachusetts/Rhode Island, Inc.

    507 U.S. 218 (1993)   Cited 338 times   6 Legal Analyses
    Holding that Boston's requiring a no-strike provision in subcontractor agreements was permissible market participation because the city was "attempting to ensure an efficient project that would be completed as quickly and effectively as possible" and because "analogous private conduct would be permitted"

  11. 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"

  12. Section 10101 - Rail transportation policy

    49 U.S.C. § 10101   Cited 785 times   15 Legal Analyses
    Articulating objective of "promot[ing] a safe and efficient rail transportation system by allowing rail carriers to earn adequate revenues"

  13. Section 14501 - Federal authority over intrastate transportation

    49 U.S.C. § 14501   Cited 676 times   31 Legal Analyses
    Granting a limited exemption to a state or its political subdivisions from the federally preempted regulation of the towing industry by permitting a state or its political subdivisions to regulate nonconsent tow fees

  14. Section 10501 - General jurisdiction

    49 U.S.C. § 10501   Cited 538 times   21 Legal Analyses
    Assigning exclusive jurisdiction over "transportation by rail carriers" and "the construction ... operation ... of ... tracks" to the Surface Transportation Board

  15. Section 10102 - Definitions

    49 U.S.C. § 10102   Cited 379 times
    Defining "transportation" for purposes of the Act

  16. Section 10701 - Standards for rates, classifications, through routes, rules, and practices

    49 U.S.C. § 10701   Cited 250 times
    Stating that a carrier's "rate" and "practice" must be "reasonable"

  17. Section 10901 - Authorizing construction and operation of railroad lines

    49 U.S.C. § 10901   Cited 161 times
    Authorizing construction and operation of railroad lines

  18. Section 10706 - Rate agreements: exemption from antitrust laws

    49 U.S.C. § 10706   Cited 94 times
    Exempting such collective rate setting from antitrust laws

  19. Section 10741 - Prohibitions against discrimination by rail carriers

    49 U.S.C. § 10741   Cited 76 times   1 Legal Analyses

    (a) (1) A rail carrier providing transportation or service subject to the jurisdiction of the Board under this part may not subject a person, place, port, or type of traffic to unreasonable discrimination. (2) For purposes of this section, a rail carrier engages in unreasonable discrimination when it charges or receives from a person a different compensation for a service rendered, or to be rendered, in transportation the rail carrier may perform under this part than it charges or receives from another

  20. Section 11323 - Consolidation, merger, and acquisition of control

    49 U.S.C. § 11323   Cited 34 times   1 Legal Analyses
    Listing transactions which “may be carried out only with the approval and authorization of the Board”

  21. Section 1105.6 - Classification of actions

    49 C.F.R. § 1105.6   Cited 18 times
    Requiring Environmental Impact Statement for certain railroad construction

  22. Section 1105.7 - Environmental reports

    49 C.F.R. § 1105.7   Cited 11 times

    (a)Filing. An applicant for an action identified in §1105.6 (a) or (b) must submit to the Board (with or prior to its application, petition or notice of exemption) except as provided in paragraph (b) for abandonments and discontinuances) an Environmental Report on the proposed action containing the information set forth in paragraph (e) of this section. The Environmental Report may be filed with the Board electronically. (b) At least 20 days prior to the filing with the Board of a notice of exemption

  23. Section 15040 - Authority Provided by CEQA

    Cal. Code Regs. tit. 14 § 15040   Cited 2 times

    (a) CEQA is intended to be used in conjunction with discretionary powers granted to public agencies by other laws. (b) CEQA does not grant an agency new powers independent of the powers granted to the agency by other laws. (c) Where another law grants an agency discretionary powers, CEQA supplements those discretionary powers by authorizing the agency to use the discretionary powers to mitigate or avoid significant effects on the environment when it is feasible to do so with respect to projects subject

  24. Rule 8.520 - Briefs by parties and amici curiae; judicial notice

    Cal. R. 8.520   Cited 3,153 times

    (a)Parties' briefs; time to file (1) Within 30 days after the Supreme Court files the order of review, the petitioner must serve and file in that court either an opening brief on the merits or the brief it filed in the Court of Appeal. (2) Within 30 days after the petitioner files its brief or the time to do so expires, the opposing party must serve and file either an answer brief on the merits or the brief it filed in the Court of Appeal. (3) The petitioner may file a reply brief on the merits or