45 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 12,718 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement
  2. Pennhurst State School Hosp. v. Halderman

    465 U.S. 89 (1984)   Cited 10,209 times   6 Legal Analyses
    Holding that federal courts lack jurisdiction to enjoin "state institutions and state officials on the basis of" state law
  3. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 4,061 times   12 Legal Analyses
    Holding a State immune from such suits
  4. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 4,698 times   6 Legal Analyses
    Holding that the action at issue had a "sufficiently direct and immediate" impact on petitioners, such that judicial review was appropriate, because noncompliance risked "serious criminal and civil penalties"
  5. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 929 times   3 Legal Analyses
    Holding that an express provision preempting all state laws " relating to railroad safety" was broad and would preempt state claims that cover the same subject matter
  6. Pacific Gas Elec. v. Energy Resources Comm'n

    461 U.S. 190 (1983)   Cited 1,101 times
    Holding ripe for review a preemption challenge to a regulation imposing a moratorium on new nuclear plants because petitioners would face substantial financial hardship if they built plants while hoping the law would be struck down
  7. Regional Rail Reorganization Act Cases

    419 U.S. 102 (1974)   Cited 940 times   4 Legal Analyses
    Holding that pre-implementation challenges are ripe where it is inevitable that the law will become effective
  8. Stormans v. Selecky

    586 F.3d 1109 (9th Cir. 2009)   Cited 1,051 times   1 Legal Analyses
    Holding that a corporation has standing to assert the free exercise rights of its owners
  9. Savage v. Glendale Union High School

    343 F.3d 1036 (9th Cir. 2003)   Cited 1,024 times
    Finding that Arizona school district with a substantial degree of autonomy did not perform a central government function, even though Arizona's Constitution mandated that its legislature “provide for the establishment and maintenance of a ... public school system” (quoting Ariz. Const. art. XI, § I.A)
  10. McCarthy v. U.S.

    850 F.2d 558 (9th Cir. 1988)   Cited 871 times
    Holding that a court "may review any evidence, such as affidavits and testimony, to resolve factual disputes concerning the existence of jurisdiction"
  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 244,173 times   651 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 20101 - Purpose

    49 U.S.C. § 20101   Cited 453 times
    Stating that the purpose of the entire FRSA statute “is to promote safety in every area of railroad operations and reduce railroad-related accidents and incidents”
  13. Section 20106 - Preemption

    49 U.S.C. § 20106   Cited 410 times   2 Legal Analyses
    Addressing preemption
  14. Section 20701 - Requirements for use

    49 U.S.C. § 20701   Cited 344 times   5 Legal Analyses
    Providing that a locomotive may be used "only when the locomotive or tender and its parts and appurtenances . . . are in proper condition and safe to operate without unnecessary danger of personal injury"
  15. Section 20301 - Definition and nonapplication

    49 U.S.C. § 20301   Cited 165 times   1 Legal Analyses

    (a) DEFINITION.-In this chapter, "vehicle" means a car, locomotive, tender, or similar vehicle. (b) NONAPPLICATION.-This chapter does not apply to the following: (1) a train of 4-wheel coal cars. (2) a train of 8-wheel standard logging cars if the height of each car from the top of the rail to the center of the coupling is not more than 25 inches. (3) a locomotive used in hauling a train referred to in clause (2) of this subsection when the locomotive and cars of the train are used only to transport

  16. Section 8670.7.5

    Cal. Gov. Code § 8670.7.5   Cited 2 times

    (a) The administrator may adopt regulations to implement this chapter pursuant to the Administrative Procedure Act (Chapter 3.5 (commencing with Section 11340) of Part 1 of Division 3). (b) (1) An emergency regulation adopted pursuant to amendments made to this chapter by Senate Bill 861 of the 2013-14 Regular Session shall be deemed an emergency and necessary to avoid serious harm to the public peace, health, safety, or general welfare for the purposes of Sections 11346.1 and 11349.6, and the administrator

  17. Section 8750

    Cal. Pub. Res. Code § 8750   Cited 1 times

    Unless the context requires otherwise, the following definitions govern the construction of this division: (a) "Administrator" means the administrator for oil spill response appointed by the Governor pursuant to Section 8670.4 of the Government Code. (b) "Barges" means any vessel that carries oil in commercial quantities as cargo but is not equipped with a means of self-propulsion. (c) (1) "Best achievable protection" means the highest level of protection which can be achieved through both the use

  18. Section 8670.28

    Cal. Gov. Code § 8670.28   Cited 1 times

    (a) The administrator, taking into consideration the facility or vessel contingency plan requirements of the State Lands Commission, the Office of the State Fire Marshal, the California Coastal Commission, and other state and federal agencies, shall adopt and implement regulations governing the adequacy of oil spill contingency plans to be prepared and implemented under this article. All regulations shall be developed in consultation with the Oil Spill Technical Advisory Committee, and shall be consistent

  19. Section 700

    Cal. Fish and Game Code § 700   Cited 1 times

    (a) There is in the Natural Resources Agency a Department of Fish and Wildlife administered through the director. (b) The Department of Fish and Wildlife shall succeed to, and is vested with, all the duties, powers, purposes, responsibilities, property, and jurisdiction previously vested in the Department of Fish and Game. (c) Whenever the term "Department of Fish and Game" appears in a law, the term means the "Department of Fish and Wildlife." (d) No existing supplies, forms, insignias, signs, logos

  20. Section 8670.31

    Cal. Gov. Code § 8670.31

    (a) Each oil spill contingency plan required under this article shall be submitted to the administrator for review and approval. (b) The administrator shall review each submitted contingency plan to determine whether it complies with the administrator's rules, policies, and regulations adopted pursuant to Sections 8670.28 and 8670.29. The administrator may issue a preliminary approval pending final approval or disapproval. (c) Each contingency plan submitted shall be approved or disapproved within