19 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 236,991 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 216,978 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. Federal Election Comm'n v. Akins

    524 U.S. 11 (1998)   Cited 786 times   16 Legal Analyses
    Holding that inability to procure information to which Congress has created a right in the Federal Election Campaign Act of 1971 qualifies as concrete injury satisfying Article III's standing requirement
  4. Occidental Engineering Co. v. I.N.S.

    753 F.2d 766 (9th Cir. 1985)   Cited 644 times
    Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists
  5. Summers v. A. Teichert Son, Inc.

    127 F.3d 1150 (9th Cir. 1997)   Cited 344 times
    Holding that "a mere scintilla of evidence will not be sufficient to defeat a properly supported motion for summary judgment; rather, the nonmoving party must introduce some significant probative evidence tending to support the complaint. Summary judgment may be granted if the evidence is merely colorable . . . or is not significantly probative"
  6. Sugar Cane Growers Co-op. of Fla. v. Veneman

    289 F.3d 89 (D.C. Cir. 2002)   Cited 203 times
    Holding that the notice-and-comment requirement "would be eviscerated" if agency could bypass it without good cause simply because plaintiffs "cannot identify any additional arguments they would have made in a notice-and-comment procedure that they did not make" informally
  7. Brower v. Evans

    257 F.3d 1058 (9th Cir. 2001)   Cited 125 times
    Holding deference overcome where agency “completely failed to address some factor consideration of which was essential to [making an] informed decision”
  8. Alabama Power Co. v. Costle

    636 F.2d 323 (D.C. Cir. 1979)   Cited 178 times   7 Legal Analyses
    Holding that the EPA did not have authority to dispense with monitoring where Congress mandated the use of that technique, even though monitoring technology at the time was limited
  9. Northeast Maryland Waste Disposal v. E.P.A

    358 F.3d 936 (D.C. Cir. 2004)   Cited 59 times   1 Legal Analyses
    Holding that the EPA responded adequately to members of the municipal waste combustor industry who submitted comments complaining about the high costs associated with regulating pollutants produced by municipal waste combustor units
  10. Environmental Defense v. Leavitt

    329 F. Supp. 2d 55 (D.D.C. 2004)   Cited 44 times
    Holding that coal industry group lacked standing to challenge consent decree requiring the EPA to issue clean air regulations by a date certain, because “the decree does not address the substance of the [regulations] but merely sets a schedule for their promulgation.”
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,861 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,853 times   147 Legal Analyses
    Granting relief from the operation of a judgment
  13. Section 7410 - State implementation plans for national primary and secondary ambient air quality standards

    42 U.S.C. § 7410   Cited 654 times   23 Legal Analyses
    Granting EPA the discretion to revoke a State's air permitting authority if the EPA "disapproves a State implementation plan submission in whole or in part"
  14. Section 7409 - National primary and secondary ambient air quality standards

    42 U.S.C. § 7409   Cited 414 times   6 Legal Analyses
    Prohibiting a cost/benefit analysis by preventing the EPA from considering any factor other than health effects relating to pollutants in the air in establishing NAAQS for ozone and particulate matter
  15. Section 50.15 - National primary and secondary ambient air quality standards for ozone

    40 C.F.R. § 50.15   Cited 11 times

    (a) The level of the national 8-hour primary and secondary ambient air quality standards for ozone (O3) is 0.075 parts per million (ppm), daily maximum 8-hour average, measured by a reference method based on appendix D to this part and designated in accordance with part 53 of this chapter or an equivalent method designated in accordance with part 53 of this chapter. (b) The 8-hour primary and secondary O3 ambient air quality standards are met at an ambient air quality monitoring site when the 3-year