§Why CasetextPricing

Safari Club International et al v. Jewell et al

MOTION to Dismiss for Lack of Jurisdiction

87 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,769 times   56 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,812 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"

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

    511 U.S. 375 (1994)   Cited 18,963 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

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,719 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  5. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,144 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  6. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,045 times   169 Legal Analyses
    Holding that respondents could not establish injury by relying on a "speculative chain of possibilities"

  7. District of Columbia et al. v. Heller

    554 U.S. 570 (2008)   Cited 3,453 times   50 Legal Analyses
    Holding it irrelevant to the constitutionality of D.C.'s "handgun" ban that the law allowed citizens the possession of substitutes, like "long guns"

  8. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 2,997 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  9. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,858 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  10. Los Angeles v. Lyons

    461 U.S. 95 (1983)   Cited 7,500 times   13 Legal Analyses
    Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

  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 345,620 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. Rule 702 - Testimony by Expert Witnesses

    Fed. R. Evid. 702   Cited 26,643 times   255 Legal Analyses
    Adopting the Daubert standard

  13. 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 ...."

  14. Section 1540 - Penalties and enforcement

    16 U.S.C. § 1540   Cited 991 times   12 Legal Analyses
    Requiring such notice

  15. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 705 times   11 Legal Analyses
    Defining "take"

  16. 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

  17. Section 17.31 - Prohibitions

    50 C.F.R. § 17.31   Cited 92 times   6 Legal Analyses
    Taking of threatened or endangered species

  18. Section 13.29 - Review procedures

    50 C.F.R. § 13.29   Cited 7 times
    Setting forth procedures for requesting reconsideration of an initial permit denial, which plaintiffs in fact pursued here, and for appealing an “adverse decision” following the submission of a request for reconsideration

  19. Section 23.35 - What are the requirements for an import permit?

    50 C.F.R. § 23.35   Cited 1 times

    (a)Purpose. Article III(3) of the Treaty sets out the conditions under which a Management Authority can issue an import permit. (b)U.S. application forms . Complete the appropriate form for the proposed activity and submit it to the U.S. Management Authority: Type of application for an import permit for an Appendix-I specimen Form no. (1) CITES: Southern African Leopard, African Elephant, and Namibian Southern White Rhinoceros Sport-hunted Trophies Appendix-I Plants Appendix-I Wildlife Appendix-I