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Southern California Alliance of Publicly Owned Treatment Works et al v. United States Environmental Protection Agency et al

MOTION to DISMISS for LACK of JURISDICTION

35 Cited authorities

  1. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,991 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  2. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,537 times   2 Legal Analyses
    Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

  3. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,688 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"

  4. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,467 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  5. United States v. Nordic Village, Inc.

    503 U.S. 30 (1992)   Cited 1,783 times   3 Legal Analyses
    Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"

  6. Knievel v. ESPN

    393 F.3d 1068 (9th Cir. 2005)   Cited 2,314 times   2 Legal Analyses
    Holding that incorporation by reference doctrine extends “to situations in which the plaintiff's claim depends on the contents of a document, the defendant attaches the document to its motion to dismiss, and the parties do not dispute the authenticity of the document, even though the plaintiff does not explicitly allege the contents of that document in the complaint”

  7. Ruckelshaus v. Sierra Club

    463 U.S. 680 (1983)   Cited 786 times   2 Legal Analyses
    Holding that Congress's omission of a prevailing party requirement in 42 U.S.C. § 7607(f) “was meant to expand the class of parties eligible for fee awards from prevailing parties to partially prevailing parties”

  8. Savage v. Glendale Union High School

    343 F.3d 1036 (9th Cir. 2003)   Cited 1,415 times
    Finding that Arizona school district with a substantial degree of autonomy did not perform a central government function, even though Arizona's Constitution mandated that its legislature “provide for the establishment and maintenance of a ... public school system” (quoting Ariz. Const. art. XI, § I.A)

  9. Library of Congress v. Shaw

    478 U.S. 310 (1986)   Cited 625 times   1 Legal Analyses
    Holding that Title VII conditions on waiver must be strictly construed

  10. United States v. King

    395 U.S. 1 (1969)   Cited 1,035 times
    Holding that waiver of sovereign immunity “cannot be implied but must be unequivocally expressed”

  11. Rule 12 - Defenses and Objections: When and How Presented; Motion for Judgment on the Pleadings; Consolidating Motions; Waiving Defenses; Pretrial Hearing

    Fed. R. Civ. P. 12   Cited 345,982 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,434 times   134 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Rule 60 - Relief from a Judgment or Order

    Fed. R. Civ. P. 60   Cited 53,581 times   146 Legal Analyses
    Granting relief from the operation of a judgment

  14. Rule 6 - Computing and Extending Time; Time for Motion Papers

    Fed. R. Civ. P. 6   Cited 48,387 times   24 Legal Analyses
    Holding that "if the last day [of a period] is a Saturday, Sunday, or legal holiday, the period continues to run until the end of the next day that is not a Saturday, Sunday, or legal holiday."

  15. Rule 59 - New Trial; Altering or Amending a Judgment

    Fed. R. Civ. P. 59   Cited 43,439 times   66 Legal Analyses
    Allowing a party to move to alter or amend a judgment "no later than 28 days after the entry of the judgment"

  16. Section 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,534 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment

  17. Section 1346 - United States as defendant

    28 U.S.C. § 1346   Cited 24,041 times   23 Legal Analyses
    Determining liability to the claimant "in accordance with the law of the place where the act or omission occurred"

  18. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,053 times   24 Legal Analyses
    Granting judicial review of "agency action"

  19. Section 2401 - Time for commencing action against United States

    28 U.S.C. § 2401   Cited 6,191 times   26 Legal Analyses
    Establishing that an FTCA claim must be brought in writing to the relevant agency within two years after accrual of the claim

  20. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,250 times   31 Legal Analyses
    Granting judicial review over " final agency action"

  21. Section 122.2 - Definitions

    40 C.F.R. § 122.2   Cited 192 times   6 Legal Analyses
    Defining a person as, among other things, a "State or Federal agency"

  22. Section 122.41 - Conditions applicable to all permits (applicable to State programs, see Section 123.25)

    40 C.F.R. § 122.41   Cited 142 times   6 Legal Analyses
    Requiring permitted facilities to report any alteration in operations that "could significantly change the nature or increase the quantity of pollutants discharged"

  23. Section 124.19 - Appeal of RCRA, UIC, NPDES and PSD Permits

    40 C.F.R. § 124.19   Cited 42 times   5 Legal Analyses
    Specifying that final agency action does not occur when the EAB remands a permit, but rather only occurs once the EAB denies review or once remand proceedings are completed

  24. Section 136.3 - Identification of test procedures

    40 C.F.R. § 136.3   Cited 21 times
    Listing the approved testing procedures