§Why CasetextPricing

Sierra Club et al v. Talen Montana LLC et al

RESPONSE to Motion re MOTION TO DISMISS FOR FAILURE TO STATE A CLAIM MOTION to Dismiss for Lack of Jurisdiction

25 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 267,100 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 280,127 times   369 Legal Analyses
    Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

  3. Arista Records v. Doe 3

    604 F.3d 110 (2d Cir. 2010)   Cited 3,122 times   2 Legal Analyses
    Holding that "[t]he Twombly plausibility standard . . . does not prevent a plaintiff from pleading facts alleged upon information and belief where the facts are peculiarly within the possession and control of the defendant, or where the belief is based on factual information that makes the inference of culpability plausible"

  4. National Organization for Women, Inc. v. Scheidler

    510 U.S. 249 (1994)   Cited 956 times
    Holding that "RICO contains no economic motive requirement"

  5. Mendiondo v. Centinela

    521 F.3d 1097 (9th Cir. 2008)   Cited 2,080 times   2 Legal Analyses
    Holding that the heightened pleading requirements of Rule 9(b) do not apply

  6. AE ex rel. Hernandez v. County of Tulare

    666 F.3d 631 (9th Cir. 2012)   Cited 1,126 times
    Holding that a party forfeited an argument by failing to " 'specifically and distinctly' argue the issue in his opening brief" (quoting United States v. Ullah, 976 F.2d 509, 514 (9th Cir. 1992))

  7. Alliance v. Ray

    699 F.3d 1053 (9th Cir. 2012)   Cited 564 times
    Holding that university must consistently apply policies designed to establish an area as a non-public forum

  8. Cope v. Anderson

    331 U.S. 461 (1947)   Cited 275 times
    Holding that "equity will withhold its relief in such a case where the applicable statute of limitations would bar the concurrent legal remedy."

  9. Federal Election Commission v. Williams

    104 F.3d 237 (9th Cir. 1996)   Cited 130 times
    Holding that even the suspended limitations period had run due to the F.E.C.'s failure to act on claims it would have discovered had it exercised reasonable diligence

  10. Community Ass'n for Restoration v. Bosma Dairy

    305 F.3d 943 (9th Cir. 2002)   Cited 98 times
    Holding that where additional violations listed in the complaint originated from the same source, the CAFO dairies, deposited the same waste material, manure, into clearly identifiable navigable waters of the U.S., a single drain ditch, that they constituted a single violation that repeated over a span of time and met the CWA notice requirements

  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 164,069 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  12. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 888 times   24 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."

  13. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 719 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise

  14. Section 7475 - Preconstruction requirements

    42 U.S.C. § 7475   Cited 231 times   9 Legal Analyses
    Requiring permits for "the construction and operation" of certain facilities

  15. Section 7602 - Definitions

    42 U.S.C. § 7602   Cited 175 times   5 Legal Analyses
    Defining "emission limitation" and "emission standard"

  16. Rule 17.8.743 - MONTANA AIR QUALITY PERMITS-WHEN REQUIRED

    Mont. Admin. r. 17.8.743

    (1) Except as provided in ARM 17.8.744, 17.8.745, and 17.8.1602, a person may not construct, install, modify, or operate any of the following without first obtaining a Montana air quality permit issued by the department: (a) a new facility or emitting unit with the potential to emit airborne lead in an amount greater than five tons per year or a modification to an existing facility or emitting unit that results in an increase in the facility or emitting unit's potential to emit airborne lead by an