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

Appellants, Californians for Alternatives to Toxics and Friends of Eel River, Request for Judicial Notice

55 Cited authorities

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

    511 U.S. 375 (1994)   Cited 18,957 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 13,425 times   8 Legal Analyses
    Holding that sovereign immunity prohibits federal courts from "instruct[ing] state officials on how to conform their conduct to state law"

  3. Seminole Tribe of Fla. v. Florida

    517 U.S. 44 (1996)   Cited 5,078 times   23 Legal Analyses
    Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

  4. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,284 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"

  5. CSX Transportation, Inc. v. Easterwood

    507 U.S. 658 (1993)   Cited 1,032 times   4 Legal Analyses
    Holding state-law excessive speed claims are preempted by 49 C.F.R. § 213.9

  6. Pacific Gas Elec. v. Energy Resources Comm'n

    461 U.S. 190 (1983)   Cited 1,172 times
    Holding "that the promotion of nuclear power is not to be accomplished ‘at all costs’ "

  7. Stormans v. Selecky

    586 F.3d 1109 (9th Cir. 2009)   Cited 1,436 times   1 Legal Analyses
    Holding that a corporation has standing to assert the free exercise rights of its owners

  8. Regional Rail Reorganization Act Cases

    419 U.S. 102 (1974)   Cited 1,068 times   6 Legal Analyses
    Holding that remedies under the Tucker Act were available to provide just compensation for any "erosion taking" under the Rail Act to cover any shortfall between the consideration that the railroads receive for rail properties finally conveyed under the Rail Act and the constitutional minimum

  9. Savage v. Glendale Union High School

    343 F.3d 1036 (9th Cir. 2003)   Cited 1,412 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 1,149 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 345,529 times   922 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 Amendment XI - Suits Against States

    U.S. Const. amend. XI   Cited 5,958 times
    Granting states immunity from cases "against one of the United States"

  13. Section 20101 - Purpose

    49 U.S.C. § 20101   Cited 504 times   1 Legal Analyses
    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”

  14. Section 20106 - Preemption

    49 U.S.C. § 20106   Cited 463 times   2 Legal Analyses
    Finding that "the amendment explicitly preserves the right to seek damages for violating state law, as long as the law is compatible with subsection" citing to 49 U.S.C. § 20106

  15. Section 20701 - Requirements for use

    49 U.S.C. § 20701   Cited 395 times   6 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"

  16. Section 20301 - Definition and nonapplication

    49 U.S.C. § 20301   Cited 204 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

  17. Section 700 - Generally

    Cal. Fish & G. Code § 700   Cited 6 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

  18. Section 8670.7.5 - Regulations

    Cal. Gov. Code § 8670.7.5   Cited 4 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

  19. Section 8670.64 - Criminal acts and penalties

    Cal. Gov. Code § 8670.64   Cited 3 times

    (a) A person who commits any of the following acts shall, upon conviction, be punished by imprisonment in a county jail for not more than one year or by imprisonment pursuant to subdivision (h) of Section 1170 of the Penal Code: (1) Except as provided in Section 8670.27, knowingly fails to follow the direction or orders of the administrator in connection with an oil spill. (2) Knowingly fails to notify the Coast Guard that a vessel is disabled within one hour of the disability and the vessel, while

  20. Section 8750 - Definitions

    Cal. Pub. Resources Code § 8750   Cited 2 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