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Safari Club International v. Salazar et al

Memorandum in opposition to re MOTION for Preliminary Injunction

50 Cited authorities

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

    555 U.S. 7 (2008)   Cited 16,922 times   67 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

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

    528 U.S. 167 (2000)   Cited 7,205 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

  3. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,383 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,977 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  5. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,004 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  6. Granny Goose Foods, Inc. v. Teamsters

    415 U.S. 423 (1974)   Cited 2,131 times   1 Legal Analyses
    Holding that union could not be held in contempt of restraining order

  7. Tennessee Valley Authority v. Hill

    437 U.S. 153 (1978)   Cited 1,512 times   7 Legal Analyses
    Holding that budget appropriations cannot alter meaning of statute

  8. Davis v. Pension Benefit Guaranty Corp.

    571 F.3d 1288 (D.C. Cir. 2009)   Cited 386 times
    Determining that the court need not decide whether the stricter standard applies because the plaintiffs lose under a sliding scale approach

  9. Chaplaincy of Full Gospel Churches v. England

    454 F.3d 290 (D.C. Cir. 2006)   Cited 412 times   1 Legal Analyses
    Holding that Navy's "practice of retaining Catholic chaplains past applicable age limits" constituted only "hypothetical" injury for Protestant chaplains

  10. Wisconsin Gas Co. v. F.E.R.C

    758 F.2d 669 (D.C. Cir. 1985)   Cited 650 times
    Holding that to establish irreparable harm the movant must "substantiate the claim that irreparable injury is 'likely' to occur. . . . Bare allegations of what is likely to occur are of no value."

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 1531 - Congressional findings and declaration of purposes and policy

    16 U.S.C. § 1531   Cited 1,676 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 ...."

  13. Section 1536 - Interagency cooperation

    16 U.S.C. § 1536   Cited 1,322 times   35 Legal Analyses
    Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"

  14. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 870 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"

  15. 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

  16. Section 1538 - Prohibited acts

    16 U.S.C. § 1538   Cited 706 times   11 Legal Analyses
    Defining "take"

  17. Section 1539 - Exceptions

    16 U.S.C. § 1539   Cited 326 times   5 Legal Analyses
    Providing for the discretionary use of experimental populations in species recovery

  18. Section 402.02 - Definitions

    50 C.F.R. § 402.02   Cited 489 times   18 Legal Analyses
    Defining "action" as "all activities or programs of any kind authorized, funded, or carried out, in whole or in part, by Federal agencies in the United States or upon the high seas. Examples include, but are not limited to . . . actions directly or indirectly causing modifications to the land, water, or air"

  19. Section 402.01 - Scope

    50 C.F.R. § 402.01   Cited 264 times   2 Legal Analyses
    Delegating the FWS as the agency responsible for administering the ESA

  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 424.12 - Criteria for designating critical habitat

    50 C.F.R. § 424.12   Cited 70 times   14 Legal Analyses
    Stating that "Secretary shall designate as critical habitat areas outside the geographical area presently occupied by a species only when a designation limited to its present range would be inadequate to ensure the conservation of the species"

  22. Section 17.21 - Prohibitions

    50 C.F.R. § 17.21   Cited 70 times
    Setting forth take and other prohibitions with respect to endangered species

  23. Section 17.22 - [Effective 5/13/2024] Permits for endangered species

    50 C.F.R. § 17.22   Cited 50 times   1 Legal Analyses
    Allowing permits for importation of endangered species upon a finding of “enhancement of propagation or survival”