34 Cited authorities

Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.
463 U.S. 29 (1983) Cited 6,656 times 50 Legal Analyses
Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"
Fed. Commc'ns Comm'n v. Fox Television Stations, Inc.
556 U.S. 502 (2009) Cited 1,054 times 21 Legal Analyses
Holding that agencies may not change their policies "sub silentio "
TRW Inc. v. Andrews
534 U.S. 19 (2001) Cited 1,191 times 10 Legal Analyses
Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”
Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,051 times 21 Legal Analyses
Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"
Bowen v. Georgetown University Hospital
488 U.S. 204 (1988) Cited 1,722 times 10 Legal Analyses
Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”
Bowen v. Massachusetts
487 U.S. 879 (1988) Cited 1,044 times 2 Legal Analyses
Holding that monetary relief was equitable because it sought reimbursement to which the State was allegedly already entitled, rather than money in compensation for losses suffered
Miller v. French
530 U.S. 327 (2000) Cited 578 times 1 Legal Analyses
Holding that § 3626(e) prevents federal courts from employing their traditional equitable authority to enjoin the operation of the PLRA's automatic stay provision, and further finding that the automatic stay provision is constitutional
Darby v. Cisneros
509 U.S. 137 (1993) Cited 548 times 2 Legal Analyses
Holding that the APA’s judicial review statute "explicitly requires exhaustion of all intra-agency appeals mandated either by statute or by agency rule," but does not "require litigants to exhaust optional appeals as well"
Federal Comm'n v. Broadcasting Co.
309 U.S. 134 (1940) Cited 513 times
Noting the "familiar doctrine that a lower court is bound to respect the mandate of an appellate tribunal and cannot reconsider questions which the mandate has laid to rest"
Virginia Petroleum Job. v. Fed. Power Com'n
259 F.2d 921 (D.C. Cir. 1958) Cited 846 times 1 Legal Analyses
Finding if “adequate compensatory or other corrective relief” will not be available later in the litigation this factor weighs toward a finding of irreparable harm
Rule 56 - Summary Judgment
Fed. R. Civ. P. 56 Cited 329,940 times 158 Legal Analyses
Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,518 times 185 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,097 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 553 - Rule making
5 U.S.C. § 553 Cited 4,098 times 148 Legal Analyses
Exempting "interpretative rules," among other things, from the notice-and-comment requirement
Section 7607 - Administrative proceedings and judicial review
42 U.S.C. § 7607 Cited 786 times 10 Legal Analyses
Granting the D.C. Circuit original jurisdiction to review "any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter" and granting regional circuits jurisdiction to review "any other final action of the Administrator under this chapter ... which is locally or regionally applicable"
Section 7412 - Hazardous air pollutants
42 U.S.C. § 7412 Cited 438 times 40 Legal Analyses
Mandating the EPA "require the maximum degree of reduction" that is "achievable" in regulating hazardous air pollutants
Section 705 - Relief pending review
5 U.S.C. § 705 Cited 280 times 16 Legal Analyses
Reviewing court “may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings”
Section 7521 - Emission standards for new motor vehicles or new motor vehicle engines
42 U.S.C. § 7521 Cited 162 times 12 Legal Analyses
Requiring section 202 regulation to take effect only "after such period as the Administrator finds necessary to permit the development and application of the requisite technology"
Section 7601 - Administration
42 U.S.C. § 7601 Cited 76 times 1 Legal Analyses
(a) Regulations; delegation of powers and duties; regional officers and employees (1) The Administrator is authorized to prescribe such regulations as are necessary to carry out his functions under this chapter. The Administrator may delegate to any officer or employee of the Environmental Protection Agency such of his powers and duties under this chapter, except the making of regulations subject to section 7607(d) of this title, as he may deem necessary or expedient. (2) Not later than one year
Section 7429 - Solid waste combustion
42 U.S.C. § 7429 Cited 23 times
Defining “solid waste incineration unit” as a “distinct operating unit of any facility which combusts any solid waste material from commercial or industrial establishments or the general public”
Section 63.7495 - When do I have to comply with this subpart?
40 C.F.R. § 63.7495
(a) If you have a new or reconstructed boiler or process heater, you must comply with this subpart by April 1, 2013, or upon startup of your boiler or process heater, whichever is later. (b) If you have an existing boiler or process heater, you must comply with this subpart no later than January 31, 2016, except as provided in § 63.6(i) . (c) If you have an area source that increases its emissions or its potential to emit such that it becomes a major source of HAP, paragraphs (c)(1) and (2) of this
Section 60.2005 - When did this subpart become effective?
40 C.F.R. § 60.2005
This subpart became effective on August 7, 2013. Some of the requirements in this subpart apply to planning the CISWI or ACI (i.e., the preconstruction requirements in §§ 60.2045 and 60.2050 ). Other requirements such as the emission limitations and operating limits apply after the CISWI or ACI begins operation. 40 C.F.R. §60.2005 81 FR 40970, 6/23/2016; 84 FR 15853, 4/16/2019

Sierra Club v. Jackson

34 Cited authorities

Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

Holding that agencies may not change their policies "sub silentio "

Holding a cardinal principal of statutory interpretation is that “no clause, sentence, or word shall be superfluous, void, or insignificant”

Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

Holding that courts will not defer to an agency's litigating position where it contradicts the agency's prior “regulations, rulings, or administrative practice”

Holding that monetary relief was equitable because it sought reimbursement to which the State was allegedly already entitled, rather than money in compensation for losses suffered

Holding that § 3626(e) prevents federal courts from employing their traditional equitable authority to enjoin the operation of the PLRA's automatic stay provision, and further finding that the automatic stay provision is constitutional

Holding that the APA’s judicial review statute "explicitly requires exhaustion of all intra-agency appeals mandated either by statute or by agency rule," but does not "require litigants to exhaust optional appeals as well"

Noting the "familiar doctrine that a lower court is bound to respect the mandate of an appellate tribunal and cannot reconsider questions which the mandate has laid to rest"

Finding if “adequate compensatory or other corrective relief” will not be available later in the litigation this factor weighs toward a finding of irreparable harm

Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Granting judicial review of "agency action"

Exempting "interpretative rules," among other things, from the notice-and-comment requirement

Mandating the EPA "require the maximum degree of reduction" that is "achievable" in regulating hazardous air pollutants

Reviewing court “may issue all necessary and appropriate process to postpone the effective date of an agency action or to preserve status or rights pending conclusion of the review proceedings”

Requiring section 202 regulation to take effect only "after such period as the Administrator finds necessary to permit the development and application of the requisite technology"

Defining “solid waste incineration unit” as a “distinct operating unit of any facility which combusts any solid waste material from commercial or industrial establishments or the general public”