47 Cited authorities

  1. 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
  2. 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’ "
  3. 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
  4. Cel-Tech Communications, Inc. v. Los Angeles Cellular Telephone Co.

    20 Cal.4th 163 (Cal. 1999)   Cited 2,420 times   23 Legal Analyses
    Holding that for an act to be "unfair," it must "threaten" a violation of law or "violate the policy or spirit of one of those laws because its effects are comparable to or the same as a violation of the law"
  5. 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
  6. Silkwood v. Kerr-McGee Corp.

    464 U.S. 238 (1984)   Cited 915 times   1 Legal Analyses
    Holding that state award of punitive damages to person injured in nuclear incident did not conflict with federal remedial scheme regulating safety aspects of nuclear energy
  7. Rodriguez v. United States

    480 U.S. 522 (1987)   Cited 401 times   4 Legal Analyses
    Finding no irreconcilable conflict between a minimum sentence and the "suspension authority" of § 3651
  8. Commonwealth Edison Co. v. Montana

    453 U.S. 609 (1981)   Cited 290 times   2 Legal Analyses
    Holding that a severance tax imposed on amount of coal mined was a "general revenue tax"
  9. Kleppe v. New Mexico

    426 U.S. 529 (1976)   Cited 270 times   1 Legal Analyses
    Holding that courts should not decide important constitutional questions on less than an "`adequate and full-bodied record'"
  10. California Coastal Comm'n v. Granite Rock Co.

    480 U.S. 572 (1987)   Cited 187 times
    Holding that state permit requirements were not preempted by federal law, and stating that the party arguing in favor of preemption would have to demonstrate " that there is no possible set of conditions that the [state] could place on its permit that would not conflict with federal law — that any state permit requirement is per se preempted"
  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 3 - Admission of New States to Union; Property of United States

    U.S. Const. art. IV, § 3   Cited 458 times   1 Legal Analyses

    New States may be admitted by the Congress into this Union; but no new State shall be formed or erected within the Jurisdiction of any other State; nor any State be formed by the Junction of two or more States, or Parts of States, without the Consent of the Legislatures of the States concerned as well as of the Congress. The Congress shall have Power to dispose of and make all needful Rules and Regulations respecting the Territory or other Property belonging to the United States; and nothing in this

  14. 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

  15. Section 612 - Unpatented mining claims

    30 U.S.C. § 612   Cited 81 times
    Subjecting mining claims to certain restrictions
  16. 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

  17. Section 5653.1 - Issuance of permits to operate vacuum or suction dredge equipment

    Cal. Fish & G. Code § 5653.1   Cited 5 times

    (a) The issuance of permits to operate vacuum or suction dredge equipment is a project pursuant to the California Environmental Quality Act (Division 13 (commencing with Section 21000) of the Public Resources Code) and permits may only be issued, and vacuum or suction dredge mining may only occur as authorized by any existing permit, if the department has caused to be prepared, and certified the completion of, an environmental impact report for the project pursuant to the court order and consent

  18. 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"
  19. 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

  20. 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
  21. 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.

  22. Section 3500 - Purpose

    Cal. Code Regs. tit. 14 § 3500   Cited 2 times

    It is the purpose of this subchapter to establish state policy for the reclamation of mined lands and the conduct of surface mining operations in accord with the general provisions set forth in Public Resources Code, Division 2, Chapter 9, Section 2710 et seq. (Surface Mining and Reclamation Act of 1975, as amended by Statutes of 1980). Cal. Code Regs. Tit. 14, § 3500 1. New Chapter 8, Subchapter 1 (Sections 3500-3508, not consecutive, and Appendices A, B and C) filed 3-29-77; effective thirtieth

  23. 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

  24. 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

  25. Section 3715.5 - What standards apply to my use or occupancy?

    43 C.F.R. § 3715.5   Cited 1 times

    (a) Your use or occupancy must be reasonably incident. In all uses and occupancies, you must prevent or avoid "unnecessary or undue degradation" of the public lands and resources. (b) Your uses must conform to all applicable federal and state environmental standards and you must have obtained all required permits before beginning, as required under 43 CFR part 3800 . This means getting permits and authorizations and meeting standards required by state and federal law, including, but not limited to

  26. Rule 8.500 - Petition for review

    Cal. R. 8.500   Cited 337 times

    (a)Right to file a petition, answer, or reply (1) A party may file a petition in the Supreme Court for review of any decision of the Court of Appeal, including any interlocutory order, except the denial of a transfer of a case within the appellate jurisdiction of the superior court. (2) A party may file an answer responding to the issues raised in the petition. In the answer, the party may ask the court to address additional issues if it grants review. (3) The petitioner may file a reply to the answer