23 Cited authorities

Lujan v. Defs. of Wildlife
504 U.S. 555 (1992) Cited 28,052 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"
Summers v. Earth Island Inst.
555 U.S. 488 (2009) Cited 3,022 times 12 Legal Analyses
Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,705 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"
Heckler v. Chaney
470 U.S. 821 (1985) Cited 2,051 times 21 Legal Analyses
Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"
U.S. Army Corps of Eng'rs v. Hawkes Co.
578 U.S. 590 (2016) Cited 298 times 27 Legal Analyses
Holding that parties "need not await enforcement proceedings before challenging final agency action where such proceedings carry the risk of serious criminal and civil penalties"
Edelman v. Lynchburg Coll.
535 U.S. 106 (2002) Cited 335 times
Holding that a claimant's letter constituted charge and that the verified Form 5 related back to the receipt date of the letter
Appalachian Power Co. v. E.P.A
208 F.3d 1015 (D.C. Cir. 2000) Cited 172 times 5 Legal Analyses
Holding that an EPA guidance document had "legal consequences" because the agency "has given the States their `marching orders'"
Fellner v. Tri-Union Seafoods
539 F.3d 237 (3d Cir. 2008) Cited 106 times 2 Legal Analyses
Finding similar failure to warn claims asserted under New Jersey law not preempted
United States v. City of Miami
664 F.2d 435 (5th Cir. 1981) Cited 210 times
Holding only parties prejudiced by a consent decree can block its entry and finding prejudice exists where a party's legal rights are affected by the decree or where the decree imposes a duty or obligation upon the party
Los Angeles Haven Hospice, Inc. v. Sebelius
638 F.3d 644 (9th Cir. 2011) Cited 77 times
Holding that a hospice had standing to challenge a regulation that allegedly increased its costs in some ways even though the regulation may have saved it money in other ways or in other fiscal years
Section 2000e-2 - Unlawful employment practices
42 U.S.C. § 2000e-2 Cited 28,433 times 171 Legal Analyses
Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”
Section 2000e-5 - Enforcement provisions
42 U.S.C. § 2000e-5 Cited 26,970 times 124 Legal Analyses
Holding charges must be made in writing, under oath, and contain all information as the Commission requires
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,766 times 69 Legal Analyses
Adopting the definition set out in the APA
Section 704 - Actions reviewable
5 U.S.C. § 704 Cited 4,270 times 31 Legal Analyses
Granting judicial review over " final agency action"
Section 2000e-6 - Civil actions by the Attorney General
42 U.S.C. § 2000e-6 Cited 458 times 2 Legal Analyses
Authorizing the Attorney General to pursue injunctive relief in cases alleging a pattern or practice of employment discrimination

State of Texas v. Eeoc et al

23 Cited authorities

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 supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

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"

Holding that a statute did not provide meaningful standards because it did not "speak to the criteria which shall be used by the agency for investigating possible violations of the [statute]"

Holding that parties "need not await enforcement proceedings before challenging final agency action where such proceedings carry the risk of serious criminal and civil penalties"

Holding that a claimant's letter constituted charge and that the verified Form 5 related back to the receipt date of the letter

Holding that an EPA guidance document had "legal consequences" because the agency "has given the States their `marching orders'"

Finding similar failure to warn claims asserted under New Jersey law not preempted

Holding only parties prejudiced by a consent decree can block its entry and finding prejudice exists where a party's legal rights are affected by the decree or where the decree imposes a duty or obligation upon the party

Holding that a hospice had standing to challenge a regulation that allegedly increased its costs in some ways even though the regulation may have saved it money in other ways or in other fiscal years

Adopting case law prior to June 4, 1989, “with respect to the concept of ‘alternative employment practice’ ”

Holding charges must be made in writing, under oath, and contain all information as the Commission requires

Adopting the definition set out in the APA

Granting judicial review over " final agency action"

Authorizing the Attorney General to pursue injunctive relief in cases alleging a pattern or practice of employment discrimination