105 Cited authorities

Neitzke v. Williams
490 U.S. 319 (1989) Cited 55,792 times
Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"
Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 27,840 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"
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
Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.
528 U.S. 167 (2000) Cited 7,153 times 25 Legal Analyses
Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing
Chevron U.S.A. v. Natural Res. Def. Council
467 U.S. 837 (1984) Cited 16,020 times 502 Legal Analyses
Holding that courts "must give effect to the unambiguously expressed intent of Congress"
Conley v. Gibson
355 U.S. 41 (1957) Cited 58,508 times 25 Legal Analyses
Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
Seminole Tribe of Fla. v. Florida
517 U.S. 44 (1996) Cited 5,082 times 23 Legal Analyses
Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority
Board of Regents v. Roth
408 U.S. 564 (1972) Cited 14,681 times 4 Legal Analyses
Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."
Warth v. Seldin
422 U.S. 490 (1975) Cited 11,866 times 14 Legal Analyses
Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"
Los Angeles v. Lyons
461 U.S. 95 (1983) Cited 7,506 times 13 Legal Analyses
Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold
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 345,981 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
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."
Rule 65 - Injunctions and Restraining Orders
Fed. R. Civ. P. 65 Cited 22,421 times 87 Legal Analyses
Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,443 times 184 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,366 times 36 Legal Analyses
Adopting the definition given in Section 551
Section 702 - Right of review
5 U.S.C. § 702 Cited 7,053 times 24 Legal Analyses
Granting judicial review of "agency action"
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,745 times 69 Legal Analyses
Adopting the definition set out in the APA
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,250 times 31 Legal Analyses
Granting judicial review over " final agency action"
Section 553 - Rule making
5 U.S.C. § 553 Cited 4,090 times 145 Legal Analyses
Exempting "interpretative rules," among other things, from the notice-and-comment requirement
Section 2701 - Findings
25 U.S.C. § 2701 Cited 816 times 19 Legal Analyses
Finding that “[f]ederal courts have held that section 81 of this title requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts”
Section 1501.2 - Apply NEPA early in the process
40 C.F.R. § 1501.2 Cited 71 times 2 Legal Analyses
Requiring that "[a]gencies . . . integrate the NEPA process with other planning at the earliest possible time to insure that planning and decisions reflect environmental values. . . ."

St. Croix Chippewa Indians of Wisconsin v. Kempthorne et al

105 Cited authorities

Holding that "an in forma pauperis pro se complaint may only be dismissed as frivolous ... when the petitioner cannot make any claim with a rational or arguable basis in law or in fact"

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"

Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

Holding that courts "must give effect to the unambiguously expressed intent of Congress"

Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"

Holding that Congress cannot abrogate state-sovereign immunity under its Article I commerce power, and rejecting the result in Pennsylvania v. Union Gas Co. , 491 U.S. 1, 109 S.Ct. 2273, 105 L.Ed.2d 1, seven years later; the decision in Union Gas never garnered a majority

Holding that where a public employee's appointment terminated on a particular date and there was no provision for renewal after that date, the employee "did not have a property interest sufficient to require . . . a hearing when [the officials] declined to renew his contract of employment."

Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

Holding there is no justiciable controversy where plaintiff had once been subjected to a chokehold

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

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."

Recognizing court's ability to enter emergency order with less than full adversary hearing and even, in appropriate circumstances, without notice

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

Adopting the definition given in Section 551

Granting judicial review of "agency action"

Adopting the definition set out in the APA

Granting judicial review over " final agency action"

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

Finding that “[f]ederal courts have held that section 81 of this title requires Secretarial review of management contracts dealing with Indian gaming, but does not provide standards for approval of such contracts”

Requiring that "[a]gencies . . . integrate the NEPA process with other planning at the earliest possible time to insure that planning and decisions reflect environmental values. . . ."