§Why CasetextPricing

PEOPLE v. RINEHART

Respondent’s Supplemental Brief

36 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,111 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Celotex Corp. v. Catrett

    477 U.S. 317 (1986)   Cited 216,221 times   40 Legal Analyses
    Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

  3. Taylor v. List

    880 F.2d 1040 (9th Cir. 1989)   Cited 9,004 times
    Holding that no § 1983 liability exists absent personal participation

  4. Department of Transportation v. Public Citizen

    541 U.S. 752 (2004)   Cited 602 times   30 Legal Analyses
    Holding that, under the National Environmental Policy Act, an agency cannot be considered the legal "cause" of an action that it has no statutory discretion to avoid

  5. Devereaux v. Abbey

    263 F.3d 1070 (9th Cir. 2001)   Cited 2,346 times
    Holding that questionable investigative techniques did not cause due process violations and noting that “[f]ailing to follow guidelines or to carry out an investigation in a manner that will ensure an error-free result is one thing; intentionally fabricating false evidence is quite another”

  6. U.S. v. Shumway

    199 F.3d 1093 (9th Cir. 1999)   Cited 496 times
    Finding where "personal knowledge and competence is established by the affidavit," such affidavit should be admitted by the court

  7. 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"

  8. Watt v. Energy Action Educational Foundation

    454 U.S. 151 (1981)   Cited 215 times
    Holding that California had standing to complain that it was not receiving enough income from offshore royalties because the Secretary of the Interior had refused to experiment with noncash bonus bidding alternatives, even though Secretary could, after experimenting in other locations, continue to employ cash bids in California

  9. Playboy Enterprises, Inc. v. Welles

    279 F.3d 796 (9th Cir. 2002)   Cited 236 times
    Holding that defendant's repeated use of the abbreviation “PMOY '81” meaning “Playmate of the Year 1981” on the background/wallpaper of her website failed to establish nominative fair use because “[t]he repeated depiction of “PMOY '81” is not necessary to describe [the defendant]”

  10. Allen v. City of Los Angeles

    66 F.3d 1052 (9th Cir. 1995)   Cited 283 times
    Holding police use of "reasonable methods to protect themselves and others in potentially dangerous situations" does not convert investigative stop into an arrest

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,589 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,542 times   61 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"

  13. 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"

  14. Section 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,375 times   15 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”

  15. 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

  16. Section 1600 - Congressional findings

    16 U.S.C. § 1600   Cited 469 times   1 Legal Analyses
    Directing agency to specify guidelines for land management plans

  17. 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

  18. Section 1370 - State authority

    33 U.S.C. § 1370   Cited 162 times
    Stating that "nothing in this chapter shall preclude or deny the right of any State or political subdivision thereof . . . to adopt or enforce any standard or limitation respecting discharges of pollutants" unless the standard is less stringent than an existing standard

  19. Section 1712 - Land use plans

    43 U.S.C. § 1712   Cited 142 times   1 Legal Analyses
    Granting BLM authority to issue land management plans

  20. Section 612 - Unpatented mining claims

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

  21. Section 228.4 - Plan of operations-notice of intent-requirements

    36 C.F.R. § 228.4   Cited 59 times   1 Legal Analyses
    Requiring plan of operations to the Forest Service

  22. Section 340-246-0010 - Policy and Purpose

    Or. Admin. R. 340-246-0010   Cited 1 times

    The purpose of Oregon's state Toxic Air Contaminant Program is to address threats to public health and the environment from toxic air pollutants that remain after implementing the state delegated technology-based strategies of the federal Hazardous Air Pollutants Program in OAR 340-244-0010 through 340-244-0252, Cleaner Air Oregon in OAR 340-245-0005 through 340-245-8050, and OAR 340-244-9000 through 340-244-9090. It also addresses cases of elevated health risks from toxic air contaminant emissions

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

    Cal. R. 8.520   Cited 3,157 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