Lujan v. Defs. of Wildlife

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"

Trbovich v. Mine Workers

Holding that a union member's interest was not adequately represented by the Secretary of Labor because the Secretary had a "duty to serve two distinct interests, which are related, but not identical:" that of the individual union member and that of the general public

United States v. Sioux Nation of Indians

Holding that the government could not enact legislation to take back land it had expressly given to the Sioux Nation without committing a constitutional taking

Mova Pharmaceutical Corp. v. Shalala

Holding that danger of loss of market share due to denial of a preliminary injunction satisfied the third Rule 24 factor

South Dakota v. Bourland

Holding tribe lacked authority to regulate non-Indian hunting and fishing on lands taken by United States for construction of dam and reservoir

Roeder v. Islamic Republic of Iran

Holding that, pursuant to the reasoning of Transaero, "the Ministry of Foreign Affairs must be treated as the state of Iran itself rather than as its agent"

Fund for Animals, Inc. v. Norton

Holding the standards for constitutional standing and the second factor of the test for intervention as of right are the same

Equal Employment Opportunity Commission v. National Children's Center, Inc.

Holding that "third parties may be allowed to permissively intervene under Rule 24(b) for the limited purpose of seeking access to materials that have been shielded from public view either by seal or by a protective order"

Sokaogon Chippewa Community v. Babbitt

Denying Indian tribe's motion to intervene where intervention was not sought until "settlement was imminent"

Karsner v. Lothian

Holding that motion to intervene in arbitration confirmation was timely

Section 701 - Application; definitions

Adopting the definition given in Section 551

Rule 24 - Intervention

Granting the right of intervention to qualifying persons "unless existing parties adequately represent" them

Section 4321 - Congressional declaration of purpose

Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

Section 1344 - Permits for dredged or fill material

Providing that federal agencies issue permits for navigable waters—defined as those waters used or susceptible to use in interstate commerce

Section 403 - Obstruction of navigable waters generally; wharves; piers, etc.; excavations and filling in

Requiring federal permission to "excavate or fill, or in any manner to alter or modify the course, location, condition, or capacity of, any ... canal"

Section 1362 - Indian tribes

Granting federal district courts original jurisdiction over "all civil actions, brought by any Indian tribe or band with a governing body duly recognized by the Secretary of the Interior, wherein the matter in controversy arises under the Constitution, laws, or treaties of the United States."

Section 401 - Construction of bridges, causeways, dams or dikes generally; exemptions

In §§ 401 and 403, there are prohibitions against the construction of bridges, dams, dikes, causeways, walls, piers, dolphins, booms, weirs, breakwaters, bulkheads and jetties without the prior approval of the Chief of Engineers and the Secretary of the Army, if they extend into or over navigable waters.

Section 306108 - Effect of undertaking on historic property

Requiring all federal agencies to "take into account the effect of [any] undertaking on any historic property"

Section 408 - Taking possession of, use of, or injury to harbor or river improvements

Making it unlawful to alter or make use of certain public works absent determination that occupation will not impair their usefulness or be injurious to public interest

Section 300320 - Undertaking

Section 800.2 - Participants in the Section 106 process

Designating tribes as consulting party

Section 800.1 - Purposes

Mentioning that harms can be avoided, mitigated, or minimized

Section 800.16 - Definitions

Defining "head of the agency"

Section 322.3 - Activities requiring permits

Providing that, except as otherwise exempted, Corps permits "are required under section 10 for structures and/or work in or affecting navigable waters of the United States"