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The Cornucopia Institute et al v. United States Department of Agriculture et al

Brief in Support of 12 Motion to Dismiss

71 Cited authorities

  1. Ashcroft v. Iqbal

    556 U.S. 662 (2009)   Cited 262,920 times   281 Legal Analyses
    Holding court need not credit "mere conclusory statements" in complaint

  2. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,850 times   142 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"

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

    511 U.S. 375 (1994)   Cited 19,860 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

  4. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 11,116 times   15 Legal Analyses
    Holding this court may raise the issue of "statutory jurisdiction" sua sponte

  5. Clapper v. Amnesty Int'l USA

    568 U.S. 398 (2013)   Cited 3,289 times   169 Legal Analyses
    Holding that, in the absence of some independent existing or impending harm, plaintiffs "cannot manufacture standing merely by inflicting harm on themselves"

  6. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,125 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"

  7. List v. Driehaus

    573 U.S. 149 (2014)   Cited 2,115 times   12 Legal Analyses
    Holding that a state government's credible threat of prosecting the plaintiffs under a statute criminalizing false statements about candidates during a political campaign established standing in a facial pre-enforcement challenge

  8. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 12,129 times   15 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  9. Alexander v. Sandoval

    532 U.S. 275 (2001)   Cited 2,712 times   35 Legal Analyses
    Holding that it is "beyond dispute" that banning discrimination " ‘on the ground of race’ " "prohibits only intentional discrimination"

  10. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,535 times   10 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading

  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 357,280 times   950 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Rule 8 - General Rules of Pleading

    Fed. R. Civ. P. 8   Cited 161,761 times   197 Legal Analyses
    Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

  13. Section 552 - Public information; agency rules, opinions, orders, records, and proceedings

    5 U.S.C. § 552   Cited 12,367 times   558 Legal Analyses
    Holding that the Court's entering of a “Stipulation and Order” approving the parties' terms of dismissal did not amount to a “court-ordered consent decree” that would render the plaintiff the prevailing party

  14. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,525 times   39 Legal Analyses
    Adopting the definition given in Section 551

  15. Section 702 - Right of review

    5 U.S.C. § 702   Cited 7,202 times   31 Legal Analyses
    Granting judicial review of "agency action"

  16. Section 551 - Definitions

    5 U.S.C. § 551   Cited 4,849 times   77 Legal Analyses
    Adopting the definition set out in the APA

  17. Section 6501 - Purposes

    7 U.S.C. § 6501   Cited 60 times   17 Legal Analyses

    It is the purpose of this chapter- (1) to establish national standards governing the marketing of certain agricultural products as organically produced products; (2) to assure consumers that organically produced products meet a consistent standard; and (3) to facilitate interstate commerce in fresh and processed food that is organically produced. 7 U.S.C. § 6501 Pub. L. 101-624, title XXI, §21022102,, 104 Stat. 3935. STATUTORY NOTES AND RELATED SUBSIDIARIES SHORT TITLE Pub. L. 101-624, title XXI

  18. Section 6517 - National List

    7 U.S.C. § 6517   Cited 28 times   1 Legal Analyses

    (a) In general The Secretary shall establish a National List of approved and prohibited substances that shall be included in the standards for organic production and handling established under this chapter in order for such products to be sold or labeled as organically produced under this chapter. (b) Content of list The list established under subsection (a) shall contain an itemization, by specific use or application, of each synthetic substance permitted under subsection (c)(1) or each natural

  19. Section 6504 - National standards for organic production

    7 U.S.C. § 6504   Cited 20 times   2 Legal Analyses

    To be sold or labeled as an organically produced agricultural product under this chapter, an agricultural product shall- (1) have been produced and handled without the use of synthetic chemicals, except as otherwise provided in this chapter; (2) except as otherwise provided in this chapter and excluding livestock, not be produced on land to which any prohibited substances, including synthetic chemicals, have been applied during the 3 years immediately preceding the harvest of the agricultural products;

  20. Section 6518 - National Organic Standards Board

    7 U.S.C. § 6518   Cited 15 times

    (a) In general The Secretary shall establish a National Organic Standards Board (hereafter referred to in this section as the "Board") in accordance with chapter 10 of title 5 to assist in the development of standards for substances to be used in organic production and to advise the Secretary on any other aspects of the implementation of this chapter. (b) Composition of Board The Board shall be composed of 15 members, of which- (1) four shall be individuals who own or operate an organic farming operation

  21. Section 205.601 - Synthetic substances allowed for use in organic crop production

    7 C.F.R. § 205.601   Cited 7 times   4 Legal Analyses

    In accordance with restrictions specified in this section, the following synthetic substances may be used in organic crop production: Provided, That, use of such substances do not contribute to contamination of crops, soil, or water. Substances allowed by this section, except disinfectants and sanitizers in paragraph (a) and those substances in paragraphs (c), (j), (k), (l), and (o) of this section, may only be used when the provisions set forth in § 205.206(a) through (d) prove insufficient to prevent

  22. Section 102-3.35 - What policies govern the use of subcommittees?

    41 C.F.R. §§ 102-3.35   Cited 5 times

    (a) In general, the requirements of the Act and the policies of this part do not apply to subcommittees of advisory committees that report to a parent advisory committee and not directly to a Federal officer or agency. However, this section does not preclude an agency from applying any provision of the Act and this part to any subcommittee of an advisory committee. (b) If a subcommittee reports directly to a Federal officer or agency, it is no longer functioning as a subcommittee. In that case, the

  23. Section 205.607 - Amending the National List

    7 C.F.R. § 205.607

    (a) Any person may petition the National Organic Standards Board for the purpose of having a substance evaluated by the Board for recommendation to the Secretary for inclusion on or deletion from the National List in accordance with the Act. (b) A person petitioning for amendment of the National List should request a copy of the petition procedures from the USDA at the address in § 205.607(c) . (c) A petition to amend the National List must be submitted to: Program Manager, USDA-AMS-NOP, 1400 Independence

  24. Section 205.602 - Nonsynthetic substances prohibited for use in organic crop production

    7 C.F.R. § 205.602   1 Legal Analyses

    The following nonsynthetic substances may not be used in organic crop production: (a) Ash from manure burning. (b) Arsenic. (c) Calcium chloride, brine process is natural and prohibited for use except as a foliar spray to treat a physiological disorder associated with calcium uptake. (d) Lead salts. (e) Potassium chloride-unless derived from a mined source and applied in a manner that minimizes chloride accumulation in the soil. (f) Rotenone (CAS # 83-79-4). (g) Sodium fluoaluminate (mined). (h)