47 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 254,855 times   279 Legal Analyses
    Holding that a claim is plausible where a plaintiff's allegations enable the court to draw a "reasonable inference" the defendant is liable
  2. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 268,629 times   366 Legal Analyses
    Holding that a complaint's allegations should "contain sufficient factual matter, accepted as true, to 'state a claim to relief that is plausible on its face' "
  3. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,036 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  4. Alaska Dept. of E. C. P. A. v. E. P. A.

    540 U.S. 461 (2004)   Cited 540 times   3 Legal Analyses
    Holding that the EPA could overrule the state agency's construction of the term “best available control technology” in the Clean Air Act”
  5. GEE v. PACHECO

    627 F.3d 1178 (10th Cir. 2010)   Cited 1,630 times
    Holding that a failure to provide adequate treatment in response to a prisoner's self-diagnosed ailments does not amount to a constitutional violation
  6. Gabelli v. Sec. & Exch. Comm'n

    568 U.S. 442 (2013)   Cited 317 times   96 Legal Analyses
    Holding that statute of limitations for SEC enforcement actions begins when fraudulent action occurs
  7. Burnett v. Mortg. Elec. Registration Sys., Inc.

    706 F.3d 1231 (10th Cir. 2013)   Cited 482 times   1 Legal Analyses
    Finding lack of plausibility where complaint contains "vague alleged acts" and "broad allegations" such that court cannot "tell what the misconduct was"
  8. Jordan v. Sosa

    654 F.3d 1012 (10th Cir. 2011)   Cited 420 times
    Holding that a claim is still moot if the prisoner “seeks equitable relief and only sues prison officials at the transferor institution-that is, the institution where he was formerly incarcerated”
  9. Rio Grande v. Bureau of Reclamation

    601 F.3d 1096 (10th Cir. 2010)   Cited 395 times
    Holding "withdrawal or alteration of administrative policies" satisfies concerns regarding voluntary cessation
  10. Train v. Natural Resources Def. Council

    421 U.S. 60 (1975)   Cited 348 times
    Upholding EPA's interpretation of the "complex" Clean Air Act
  11. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 157,408 times   196 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
  12. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,628 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  13. Rule 57 - Declaratory Judgment

    Fed. R. Civ. P. 57   Cited 1,570 times   4 Legal Analyses
    Preserving right to trial by jury in declaratory judgment action under circumstances and in manner provided in Rules 38 and 39
  14. Section 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,378 times   16 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”
  15. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 867 times   23 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."
  16. Section 2462 - Time for commencing proceedings

    28 U.S.C. § 2462   Cited 711 times   262 Legal Analyses
    Allowing exception to five-year limitations period where Congress has provided otherwise
  17. 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"
  18. Section 7413 - Federal enforcement

    42 U.S.C. § 7413   Cited 563 times   17 Legal Analyses
    Granting the Administrator discretion to extend the ambient air quality standard attainment date set in the 1977 Act by up to three years for steelmaking facilities
  19. 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
  20. 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
  21. Section 51.166 - Prevention of significant deterioration of air quality

    40 C.F.R. § 51.166   Cited 68 times   9 Legal Analyses
    Repeating statutory definition
  22. Section 71.6 - Permit content

    40 C.F.R. § 71.6   Cited 4 times   2 Legal Analyses

    (a)Standard permit requirements. Each permit issued under this part shall include the following elements: (1) Emissions limitations and standards, including those operational requirements and limitations that assure compliance with all applicable requirements at the time of permit issuance. Such requirements and limitations may include ARMs identified by the source in its part 71 permit application as approved by the permitting authority, provided that no ARM shall contravene any terms needed to

  23. Section 71.7 - Permit issuance, renewal, reopenings, and revisions

    40 C.F.R. § 71.7   Cited 2 times

    (a)Action on application. (1) A permit, permit modification, or renewal may be issued only if all of the following conditions have been met: (i) The permitting authority has received a complete application for a permit, permit modification, or permit renewal, except that a complete application need not be received before issuance of a general permit under § 71.6(d) ; (ii) Except for modifications qualifying for minor permit modification procedures under paragraphs (e) (1) and (2) of this section