73 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,020 times   502 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. 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
  3. Carden v. Arkoma Associates

    494 U.S. 185 (1990)   Cited 2,461 times   10 Legal Analyses
    Holding that limited partnerships are deemed citizens of every state where any partner resides
  4. Russello v. United States

    464 U.S. 16 (1983)   Cited 2,096 times   6 Legal Analyses
    Holding that where "Congress includes particular language in one section of a statute but omits it in another section of the same Act," courts presume that "Congress acts intentionally and purposely in the disparate inclusion or exclusion"
  5. Corley v. United States

    556 U.S. 303 (2009)   Cited 756 times   3 Legal Analyses
    Holding that a "statute should be construed so that effect is given to all its provisions, so that no part will be inoperative or superfluous"
  6. Tahoe-Sierra Preservation Council, Inc. v. Tahoe Regional Planning Agency

    535 U.S. 302 (2002)   Cited 742 times   19 Legal Analyses
    Holding it “inappropriate to treat cases involving physical takings as controlling precedents for the evaluation of a claim that there has been a ‘regulatory taking,’ and vice versa”
  7. 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’ "
  8. Bates v. Dow Agrosciences LLC

    544 U.S. 431 (2005)   Cited 549 times   11 Legal Analyses
    Holding that a preemption clause barring state laws "in addition to or different" from a federal Act does not interfere with an "equivalent" state provision
  9. Chrysler Corp. v. Brown

    441 U.S. 281 (1979)   Cited 1,283 times   8 Legal Analyses
    Holding that a regulation may have "the force and effect of law" if: it enacts substantive rules affecting individual rights and obligations, and is not merely an interpretive rule or general policy statement; Congress has delegated "quasi-legislative" power to the agency; and the regulation is valid, i.e., the agency has followed applicable procedures such as the Administrative Procedure Act
  10. Jones v. Rath Packing Co.

    430 U.S. 519 (1977)   Cited 1,187 times   3 Legal Analyses
    Holding that the presumption is weaker, if triggered at all, where there is not a tradition of state legislation
  11. Section 1701 - Congressional declaration of policy

    43 U.S.C. § 1701   Cited 543 times   3 Legal Analyses
    Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land
  12. Section 1600 - Congressional findings

    16 U.S.C. § 1600   Cited 469 times   1 Legal Analyses
    Directing agency to specify guidelines for land management plans
  13. Section 22 - Lands open to purchase by citizens

    30 U.S.C. § 22   Cited 236 times

    Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and

  14. Section 1451 - Congressional findings

    16 U.S.C. § 1451   Cited 220 times   3 Legal Analyses
    Increasing demands on coastal zones "have resulted in the loss of living marine resources, wildlife, nutrient-rich areas, permanent and adverse changes to ecological systems, decreasing open space for public use, and shoreline erosion"
  15. Section 28 - Mining district regulations by miners: location, recordation, and amount of work; marking of location on ground; records; annual labor or improvements on claims pending issue of patent; co-owner's succession in interest upon delinquency in contributing proportion of expenditures; tunnel as lode expenditure

    30 U.S.C. § 28   Cited 137 times
    Allowing states to “make regulations not in conflict with the laws of the United States, ... subject to the following requirement: [t]he location must be distinctly marked on the ground so that its boundaries can be readily traced”
  16. Section 26 - Locators' rights of possession and enjoyment

    30 U.S.C. § 26   Cited 127 times
    Granting rights of possession and enjoyment to locators who "comply with the laws of the United States, and with State , territorial, and local regulations not in conflict with the laws of the United States governing their possessory title "
  17. Section 612 - Unpatented mining claims

    30 U.S.C. § 612   Cited 81 times
    Subjecting mining claims to certain restrictions
  18. Section 29 - Patents; procurement procedure; filing: application under oath, plat and field notes, notices, and affidavits; posting plat and notice on claim; publication and posting notice in office; certificate; adverse claims; payment per acre; objections; nonresident claimant's agent for execution of application and affidavits

    30 U.S.C. § 29   Cited 80 times
    Stating for vein or lode claims that "it shall be assumed that applicant is entitled to patent, upon payment to proper officer" if no adverse claims had been filed and the applicant completed all the other required paperwork
  19. Section 601 - Rules and regulations governing disposal of materials; payment; removal without charge; lands excluded

    30 U.S.C. § 601   Cited 42 times

    The Secretary, under such rules and regulations as he may prescribe, may dispose of mineral materials (including but not limited to common varieties of the following: sand, stone, gravel, pumice, pumicite, cinders, and clay) and vegetative materials (including but not limited to yucca, manzanita, mesquite, cactus, and timber or other forest products) on public lands of the United States, including, for the purposes of this subchapter, land described in subchapter V of chapter 28 of title 43, if the

  20. Section 28f - Fee

    30 U.S.C. § 28f   Cited 13 times

    (a) Claim maintenance fee (1) Lode mining claims, mill sites, and tunnel sites The holder of each unpatented lode mining claim, mill site, or tunnel site, located pursuant to the mining laws of the United States before, on, or after August 10, 1993, shall pay to the Secretary of the Interior, on or before September 1 of each year, to the extent provided in advance in appropriations Acts, a claim maintenance fee of $100 per claim or site, respectively. Such claim maintenance fee shall be in lieu of

  21. Section 228.8 - Requirements for environmental protection

    36 C.F.R. § 228.8   Cited 24 times
    Identifying federal and state air, water, and solid waste standards that must be complied with and requiring operators to "take all practicable measures to maintain and protect fisheries and wildlife habitat which may be affected by the operations"
  22. Section 228.5 - Plan of operations-approval

    36 C.F.R. § 228.5   Cited 16 times

    (a) Operations shall be conducted in accordance with an approved plan of operations, except as provided in paragraph (b) of this section and in § 228.4 (a), (b), and (e) . A proposed plan of operation shall be submitted to the District Ranger, who shall promptly acknowledge receipt thereof to the operator. The authorized officer shall, within thirty (30) days of such receipt, analyze the proposal, considering the economics of the operation along with the other factors in determining the reasonableness

  23. Section 3809.3 - What rules must I follow if State law conflicts with this subpart?

    43 C.F.R. § 3809.3   Cited 5 times
    Requiring operators to follow "a higher standard " under state law if one has been enacted
  24. Section 228 - Suction Dredging

    Cal. Code Regs. tit. 14 § 228   Cited 4 times

    The Department has adopted this Section and Section 228.5 pursuant to Fish and Game Code Section 5653.9, and to make specific and otherwise implement Fish and Game Code Section 5653, specifically. Pursuant to that authority, the Department finds that suction dredging subject to and consistent with the requirements of Sections 228 and 228.5 will not be deleterious to fish. (a) Suction dredging. For purposes of this Section and Section 228.5, the use of any vacuum or suction dredge equipment (i.e.

  25. Section 2450 - Purpose

    Cal. Code Regs. tit. 13 § 2450   Cited 2 times

    (a) These regulations in this Article establish a statewide program for the registration and regulation of portable engines and engine-associated equipment (portable engines and equipment units) as defined herein. Registration under this program allows portable engines and equipment units to operate throughout the State of California without authorization (except as specified herein) or permits from air quality management or air pollution control districts (districts). These regulations preempt districts

  26. Section 3830.21 - What are the different types of service charges and fees?

    43 C.F.R. § 3830.21   Cited 2 times

    The following table lists service charges, maintenance fees, location fees, and oil shale fees (all cross-references refer to this chapter): Transaction Amount due per mining claim or site Waiver available (a) Recording a mining claim or site location (part 3833) A total sum which includes: (1) The processing fee for notices of location found in the fee schedule in § 3000.12 of this chapter; No. (2) A one-time $40 location fee; and (3)(i) For lode claims, mill sites and tunnel sites, an initial $165

  27. Section 228.5 - Suction Dredge Use Classifications and Special Regulations

    Cal. Code Regs. tit. 14 § 228.5   Cited 1 times

    (a) Suction Dredge Use Classifications. For purposes of these regulations, the following classes of suction dredge use restrictions apply in California's lakes, reservoirs, streams and rivers as specified: (1) Class A: No dredging permitted at anytime. (2) Class B: Open to dredging from July 1 through August 31. (3) Class C: Open to dredging from June 1 through September 30. (4) Class D: Open to dredging from July 1 through January 31. (5) Class E: Open to dredging from September 1 through January

  28. Section 3834.11 - Which fees must I pay to maintain a mining claim or site and when do I pay them?

    43 C.F.R. § 3834.11   Cited 1 times

    (a)All mining claims or sites (except oil shale placer claims). Paying the maintenance fee(s) in lieu of performing assessment work satisfies the requirements of the mining law and FLPMA. See § 3830.21 for fee amounts. (1)Location fee and initial maintenance fee. When you first record a mining claim or site with BLM, you must pay a location fee and an initial maintenance fee for the assessment year in which you located the mining claim or site. (2)Annual maintenance fee. You must pay an annual maintenance

  29. Section 3833.11 - How do I record mining claims and sites?

    43 C.F.R. § 3833.11   Cited 1 times

    (a) You must record in the proper BLM State Office a copy of the notice of certificate of location that you recordedor will record in the local recording office by the 90th day after the date of location. If there is no recording requirement under state law (as in Arkansas), you still must record a document with BLM and the local recording office that contains the information required by this part. (b) Your notice or certificate of location must include: (1) The name or number, or both, of the claim

  30. Section 3802.3-2 - Requirements for environmental protection

    43 C.F.R. § 3802.3-2   Cited 1 times

    (a)Air quality. The operator shall comply with applicable Federal and State air quality standards, including the requirements of the Clean Air Act (42 U.S.C. 1857 et seq.). (b)Water quality. The operator shall comply with applicable Federal and State water quality standards, including regulations issued pursuant to the Federal Water Pollution Control Act (33 U.S.C. 1151 et seq.). (c)Solid wastes. The operator shall comply with applicable Federal and State standards for the disposal and treatment