§Why CasetextPricing

Solenex Llc v. Jewell et al

MOTION for Summary Judgment

117 Cited authorities

  1. New Hampshire v. Maine

    532 U.S. 742 (2001)   Cited 4,559 times   17 Legal Analyses
    Holding that under the doctrine of judicial estoppel, “New Hampshire is equitably barred from asserting—contrary to its position in the 1970's litigation—that the inland Piscataqua River boundary runs along the Maine shore”

  2. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,657 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]'"

  3. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,977 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  4. Bordenkircher v. Hayes

    434 U.S. 357 (1978)   Cited 2,908 times   13 Legal Analyses
    Holding that plea bargaining does not violate the Fifth Amendment privilege against self-incrimination

  5. Robertson v. Methow Valley Citizens Council

    490 U.S. 332 (1989)   Cited 1,392 times   11 Legal Analyses
    Holding NEPA does not require a "worst case analysis"

  6. Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc.

    435 U.S. 519 (1978)   Cited 1,759 times   5 Legal Analyses
    Holding that where rulemaking fulfills basic APA standards for notice and procedure, a court will not impose additional process

  7. Bowman Transportation, Inc. v. Arkansas-Best Freight System, Inc.

    419 U.S. 281 (1974)   Cited 1,980 times   4 Legal Analyses
    Holding that "[w]e can discern in the Commission's opinion a rational basis for its treatment of the evidence, and the `arbitrary and capricious' test does not require more"

  8. Heckler v. Community Health Services

    467 U.S. 51 (1984)   Cited 1,277 times   2 Legal Analyses
    Holding that a Medicare provider was responsible for familiarizing itself with the legal requirements of cost reimbursement and obtaining an agency interpretation of the applicable regulations

  9. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,152 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. Lyng v. Northwest Indian Cemetery Protective Ass'n

    485 U.S. 439 (1988)   Cited 793 times   3 Legal Analyses
    Holding that an adherent was not entitled to challenge a third party's actions that offended his beliefs

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 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 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,767 times   69 Legal Analyses
    Adopting the definition set out in the APA

  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,272 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  15. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,622 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  16. Section 555 - Ancillary matters

    5 U.S.C. § 555   Cited 1,152 times   13 Legal Analyses
    Providing that an agency's notice of denial "shall be accompanied by a brief statement of the grounds for denial"

  17. 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

  18. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 698 times   3 Legal Analyses
    Recognizing "the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man," and declaring the federal government’s responsibility to "preserve important historic, cultural, and natural aspects of our national heritage"

  19. Section 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

    30 U.S.C. § 181   Cited 333 times   6 Legal Analyses

    Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within

  20. Section 22 - Lands open to purchase by citizens

    30 U.S.C. § 22   Cited 237 times

    Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and

  21. Section 1501.4 - Categorical exclusions

    40 C.F.R. § 1501.4   Cited 753 times   10 Legal Analyses
    Explaining that agencies may prepare a concise environmental assessment to determine if a more detailed environmental impact is required

  22. Section 1501.3 - Determine the appropriate level of NEPA review

    40 C.F.R. § 1501.3   Cited 188 times   8 Legal Analyses
    Providing instructions for how an agency should decide to issue an EIS or EA

  23. Section 3162.3-1 - [Effective until 6/10/2024] Drilling applications and plans

    43 C.F.R. § 3162.3-1   Cited 46 times   5 Legal Analyses
    Providing for drilling applications and plans

  24. Section 3101.1-2 - Surface use rights

    43 C.F.R. § 3101.1-2   Cited 27 times   1 Legal Analyses

    A lessee shall have the right to use so much of the leased lands as is necessary to explore for, drill for, mine, extract, remove and dispose of all the leased resource in a leasehold subject to: Stipulations attached to the lease; restrictions deriving from specific, nondiscretionary statutes; and such reasonable measures as may be required by the authorized officer to minimize adverse impacts to other resource values, land uses or users not addressed in the lease stipulations at the time operations

  25. Section 3108.3 - Cancellation

    43 C.F.R. § 3108.3   Cited 6 times

    (a) Whenever the lessee fails to comply with any of the provisions of the law, the regulations issued thereunder, or the lease, the lease may be canceled by the Secretary, if the leasehold does not contain a well capable of production of oil or gas in paying quantities, or if the lease is not committed to an approved cooperative or unit plan or communitization agreement that contains a well capable of production of unitized substances in paying quantities. The lease may be canceled only after notice

  26. Section 3108.4 - Bona fide purchasers

    43 C.F.R. § 3108.4   Cited 2 times

    A lease or interest therein shall not be cancelled to the extent that such action adversely affects the title or interest of a bona fide purchaser even though such lease or interest, when held by a predecessor in title, may have been subject to cancellation. All purchasers shall be charged with constructive notice as to all pertinent regulations and all Bureau records pertaining to the lease and the lands covered by the lease. Prompt action shall be taken to dismiss as a party to any proceedings