88 Cited authorities

  1. INS v. Orlando Ventura

    537 U.S. 12 (2002)   Cited 3,377 times   1 Legal Analyses
    Holding that proper remedy is to remand to agency for additional investigation of matter not previously considered
  2. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,593 times   29 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
  3. Lamie v. U.S. Trustee

    540 U.S. 526 (2004)   Cited 2,141 times   13 Legal Analyses
    Holding that courts should not add an "absent word" to a statute
  4. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,969 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 2,001 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. City of Erie v. Pap's A. M.

    529 U.S. 277 (2000)   Cited 1,058 times   4 Legal Analyses
    Holding that an ordinance barring full nudity at nude dancing clubs does not violate the First Amendment
  7. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,389 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"
  8. 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
  9. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,148 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"
  10. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,743 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 328,681 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 706 - Scope of review

    5 U.S.C. § 706   Cited 20,437 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,614 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  14. 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"
  15. Section 1536 - Interagency cooperation

    16 U.S.C. § 1536   Cited 1,320 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"
  16. Section 1532 - Definitions

    16 U.S.C. § 1532   Cited 868 times   32 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"
  17. Section 1801 - Findings, purposes and policy

    16 U.S.C. § 1801   Cited 427 times   5 Legal Analyses
    Finding the economies of "[m]any coastal areas . . . have been badly damaged by the overfishing of fishery resources," particularly by "[t]he activities of massive foreign fishing fleets"
  18. Section 1855 - Other requirements and authority

    16 U.S.C. § 1855   Cited 246 times
    Adopting the standards for judicial review under 5 U.S.C. § 706
  19. Section 1852 - Regional Fishery Management Councils

    16 U.S.C. § 1852   Cited 191 times   1 Legal Analyses
    Requiring the councils to conduct public hearings "to allow all interested persons an opportunity to be heard in the development of fishery management plans"
  20. Section 1854 - Action by Secretary

    16 U.S.C. § 1854   Cited 175 times
    Allowing fee "to recover the actual costs directly related to the management, data collection, and enforcement of any limited access privilege program," without limiting fee to payment for observers
  21. Section 1501.4 - Categorical exclusions

    40 C.F.R. § 1501.4   Cited 751 times   9 Legal Analyses
    Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required
  22. Section 402.14 - Formal consultation

    50 C.F.R. § 402.14   Cited 705 times   16 Legal Analyses
    Requiring disclosure of Draft Biological Opinions to private applicants if requested
  23. Section 402.16 - Reinitiation of formal consultation

    50 C.F.R. § 402.16   Cited 201 times   5 Legal Analyses
    Requiring the Services to reinitiate consultation in specified circumstances, including when "new information reveals effects of the action that may affect listed species or critical habitat in a manner or to an extent not previously considered"
  24. Section 402.13 - Informal consultation

    50 C.F.R. § 402.13   Cited 180 times   3 Legal Analyses
    Explaining that the consultation requirement is satisfied if during the informal consultation the Service concurs in writing that the action "is not likely to adversely affect" a listed species
  25. Section 1501.1 - NEPA thresholds

    40 C.F.R. § 1501.1   Cited 44 times   1 Legal Analyses
    Requiring comments to "[i]dentify[] at an early stage the significant environmental issues"
  26. Section 1506.11 - Timing of agency action

    40 C.F.R. § 1506.11   Cited 20 times   4 Legal Analyses

    (a) The Environmental Protection Agency shall publish a notice in the FEDERAL REGISTER each week of the environmental impact statements filed since its prior notice. The minimum time periods set forth in this section are calculated from the date of publication of this notice. (b) Unless otherwise provided by law, including statutory provisions for combining a final environmental impact statement and record of decision, Federal agencies may not make or issue a record of decision under § 1505.2 of

  27. Section 600.920 - Federal agency consultation with the Secretary

    50 C.F.R. § 600.920   Cited 6 times
    Listing additional information—including an analysis of alternatives—to be included “[i]f appropriate”
  28. Section 46.150 - Emergency responses

    43 C.F.R. § 46.150   Cited 3 times   1 Legal Analyses

    This section applies only if the Responsible Official determines that an emergency exists that makes it necessary to take urgently needed actions before preparing a NEPA analysis and documentation in accordance with the provisions in subparts D and E of this part. (a) The Responsible Official may take those actions necessary to control the immediate impacts of the emergency that are urgently needed to mitigate harm to life, property, or important natural, cultural, or historic resources. When taking