45 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,635 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
  2. Monsanto Co. v. Geertson Seed Farms

    561 U.S. 139 (2010)   Cited 1,146 times   13 Legal Analyses
    Holding that plaintiffs, alfalfa farmers, had standing based on a causal chain, though plaintiffs did not identify particular alfalfa plants that had been, or would necessarily be, pollinated by bees who carried the genetically engineered gene at issue
  3. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,970 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"
  4. Bowen v. Georgetown University Hospital

    488 U.S. 204 (1988)   Cited 1,716 times   10 Legal Analyses
    Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
  5. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,149 times   4 Legal Analyses
    Holding that "a reviewing court must generally be at its most deferential" when examining an agency decision made "within its area of special expertise, at the frontiers of science"
  6. Davis v. Michigan Dept. of Treasury

    489 U.S. 803 (1989)   Cited 851 times   4 Legal Analyses
    Holding that "the relevant inquiry is whether the inconsistent tax treatment is directly related to, and justified by, `significant differences between the two classes'"
  7. Babbitt v. Sweet Home Chap., Coms. for Great Ore

    515 U.S. 687 (1995)   Cited 528 times   7 Legal Analyses
    Holding that EPA's interpretation of a statute was reasonable and deserving of deference even though the statute was criminally enforced
  8. United States v. Florida East Coast R. Co.

    410 U.S. 224 (1973)   Cited 319 times   1 Legal Analyses
    Holding that a statute's use of the word “hearing” did not “by its own force require [an agency] either to hear oral testimony, to permit cross-examination ..., or to hear oral argument”
  9. General Motors Corp. v. E.P.A

    363 F.3d 442 (D.C. Cir. 2004)   Cited 339 times
    Holding that a letter from an agency that "reflect[ed] neither a new interpretation nor a new policy" did not "impose new obligations"
  10. American Wildlands v. Kempthorne

    530 F.3d 991 (D.C. Cir. 2008)   Cited 277 times
    Holding that an agency's use of available data and test methods was reasonable even though better test methods existed because those test methods had not yet been used on the species in question
  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,449 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  12. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,745 times   69 Legal Analyses
    Adopting the definition set out in the APA
  13. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,090 times   146 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement
  14. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,672 times   26 Legal Analyses
    Finding and declaring that "various species of fish, wildlife, and plants in the United States have been rendered extinct" while "other species ... have been so depleted in numbers that they are in danger of or threatened with extinction ...."
  15. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 868 times   33 Legal Analyses
    Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"
  16. Section 1533 - Determination of endangered species and threatened species

    16 U.S.C. § 1533   Cited 817 times   39 Legal Analyses
    Requiring periodic review of listed species
  17. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 705 times   11 Legal Analyses
    Defining "take"
  18. Section 109 - Repeal of statutes as affecting existing liabilities

    1 U.S.C. § 109   Cited 613 times   5 Legal Analyses
    Repealing common law rule
  19. Section 1537a - Convention implementation

    16 U.S.C. § 1537a   Cited 19 times

    (a) Management Authority and Scientific Authority The Secretary of the Interior (hereinafter in this section referred to as the "Secretary") is designated as the Management Authority and the Scientific Authority for purposes of the Convention and the respective functions of each such Authority shall be carried out through the United States Fish and Wildlife Service. (b) Management Authority functions The Secretary shall do all things necessary and appropriate to carry out the functions of the Management

  20. Section 17.31 - Prohibitions

    50 C.F.R. § 17.31   Cited 92 times   6 Legal Analyses
    Taking of threatened or endangered species
  21. Section 17.8 - Import exemption for threatened, CITES Appendix-II wildlife

    50 C.F.R. § 17.8   Cited 3 times
    Setting conditions for imports of threatened, CITES Appendix II wildlife "[e]xcept as provided in a special rule"