41 Cited authorities

  1. Chevron U.S.A. v. Natural Res. Def. Council

    467 U.S. 837 (1984)   Cited 16,040 times   505 Legal Analyses
    Holding that courts "must give effect to the unambiguously expressed intent of Congress"
  2. United States v. Mead Corp.

    533 U.S. 218 (2001)   Cited 2,600 times   30 Legal Analyses
    Holding that a Customs classification ruling "has no claim to judicial deference under Chevron " but can "claim respect according to its persuasiveness"
  3. Thomas Jefferson Univ. v. Shalala

    512 U.S. 504 (1994)   Cited 1,278 times   5 Legal Analyses
    Holding that "the agency’s interpretation must be given controlling weight unless it is plainly erroneous or inconsistent with the regulation"
  4. Washington State Department of Social & Health Services v. Guardianship Estate of Keffeler

    537 U.S. 371 (2003)   Cited 496 times   1 Legal Analyses
    Holding that the phrase “other legal process” in 42 U.S.C. § 407 refers only to the utilization of a judicial or quasi-judicial mechanism, the common attribute shared by the phrase and the statutory enumeration preceding it
  5. Skidmore v. Swift Co.

    323 U.S. 134 (1944)   Cited 3,751 times   66 Legal Analyses
    Holding that "the rulings, interpretations and opinions of the Administrator" of the statute in question, "while not controlling upon the courts by reason of their authority," were nonetheless available for guidance to the extent they had the "power to persuade"
  6. United States v. Alaska

    521 U.S. 1 (1997)   Cited 65 times
    Finding that the President's executive order "placed Congress on notice that the President had construed his reservation authority to extend to submerged lands and had exercised that authority to set aside uplands and submerged lands in the Reserve"
  7. Southwest Sunsites, Inc. v. F.T.C

    785 F.2d 1431 (9th Cir. 1986)   Cited 109 times
    Noting that a relevant consideration in a due process analysis is whether the parties “had an opportunity to rebut” evidence against them and finding no due process violation, in part, because the petitioners did have an “opportunity to respond to the documents” brought against them
  8. Seldovia Native Ass'n, Inc. v. Lujan

    904 F.2d 1335 (9th Cir. 1990)   Cited 68 times
    Holding that Alaska Native Village Corporation "does not meet one of the basic criteria of an Indian tribe" because it "is not a governing body"
  9. Buschmann v. Schweiker

    676 F.2d 352 (9th Cir. 1982)   Cited 70 times
    Holding that an agency can rely on harmless error only when a mistake of the administrative body is one that clearly had no bearing on the procedure used or the substance of decision reached
  10. Personal Watercraft v. Dept. of Commerce

    48 F.3d 540 (D.C. Cir. 1995)   Cited 35 times
    Noting that "[a]gencies are free to ignore" filings received almost two years after a comment period closed
  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,518 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,406 times   36 Legal Analyses
    Adopting the definition given in Section 551
  13. Section 1601 - Congressional findings and declaration of policy

    43 U.S.C. § 1601   Cited 213 times   3 Legal Analyses

    Congress finds and declares that- (a) there is an immediate need for a fair and just settlement of all claims by Natives and Native groups of Alaska, based on aboriginal land claims; (b) the settlement should be accomplished rapidly, with certainty, in conformity with the real economic and social needs of Natives, without litigation, with maximum participation by Natives in decisions affecting their rights and property, without establishing any permanent racially defined institutions, rights, privileges

  14. Section 479 - Transferred

    25 U.S.C. § 479   Cited 123 times   1 Legal Analyses
    Defining the term “Indian” in the Indian Reorganization Act to include “all persons of Indian descent who are members of any recognized Indian tribe now under Federal jurisdiction, and all persons who are descendants of such members who were, on June 1, 1934, residing within the present boundaries of any Indian reservation,” and “ further includ [ing] all other persons of one-half or more Indian blood ”
  15. Section 1606 - Regional Corporations

    43 U.S.C. § 1606   Cited 75 times   1 Legal Analyses
    Granting Native regional corporations right of first refusal to shares transferred to a non-Native pursuant to intestate succession
  16. Section 1613 - Conveyance of lands

    43 U.S.C. § 1613   Cited 69 times
    Authorizing the Secretary to "withdraw and convey to the appropriate Regional Corporation fee title to existing cemetery sites and historical places"
  17. Section 1602 - Definitions

    43 U.S.C. § 1602   Cited 52 times   4 Legal Analyses
    Including those defined by blood quantum without regard to membership in any group
  18. Section 1610 - Withdrawal of public lands

    43 U.S.C. § 1610   Cited 48 times
    Withdrawing from public appropriation those "lands in each township that encloses all or part of any Native village"
  19. Section 1607 - Village Corporations

    43 U.S.C. § 1607   Cited 37 times

    (a) Organization of Corporation prerequisite to receipt of patent to lands or benefits under chapter The Native residents of each Native village entitled to receive lands and benefits under this chapter shall organize as a business for profit or nonprofit corporation under the laws of the State before the Native village may receive patent to lands or benefits under this chapter, except as otherwise provided. (b) Regional Corporation: approval of initial articles; review and approval of amendments

  20. Section 1611 - Native land selections

    43 U.S.C. § 1611   Cited 32 times
    Authorizing selection of land in "all of the township or townships in which any part of the village is located"
  21. Section 4.1 - Scope of authority; applicable regulations

    43 C.F.R. § 4.1   Cited 73 times
    Noting that the IBLA issues the final decision for the Department of Interior
  22. Section 2651.2 - Eligibility requirements

    43 C.F.R. § 2651.2   Cited 7 times
    Providing that "[d]ecisions of the Board on village eligibility appeals are not final until personally approved by the Secretary"