§Why CasetextPricing

Tin Cup, Llc v. United States Army Corps of Engineers

Cross MOTION for Summary Judgment

38 Cited authorities

  1. Motor Vehicle Manufacturers Assoc. of the United States, Inc. v. State Farm Mutual Auto. Ins. Co.

    463 U.S. 29 (1983)   Cited 6,639 times   50 Legal Analyses
    Holding that " `settled course of behavior embodies the agency's informed judgment that, by pursuing that course, it will carry out the policies [of applicable statutes or regulations]'"

  2. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,338 times   89 Legal Analyses
    Holding that a federal agency's interpretation of a regulation is controlling where it is not "plainly erroneous or inconsistent with the regulation"

  3. Citizens to Preserve Overton Park v. Volpe

    401 U.S. 402 (1971)   Cited 5,971 times   8 Legal Analyses
    Holding a decision is committed to agency discretion when there is "no law to apply"

  4. Baltimore Gas & Electric Co. v. Natural Resources Defense Council, Inc.

    462 U.S. 87 (1983)   Cited 1,149 times   4 Legal Analyses
    Holding that "a reviewing court must generally be at its most deferential" when examining an agency decision made "within its area of special expertise, at the frontiers of science"

  5. Rapanos v. U.S.

    547 U.S. 715 (2006)   Cited 399 times   230 Legal Analyses
    Holding that "[t]he use of the definite article and the plural number ('waters')" made clear that § 1362 is limited to "fixed bodies of water," such as "streams, ... oceans, rivers, lakes," and does not extend to "ordinarily dry channels through which water occasionally or intermittently flows"

  6. Decker v. Nw. Envtl. Def. Ctr. Ga.-Pac. W., Inc.

    568 U.S. 597 (2013)   Cited 288 times   16 Legal Analyses
    Holding that agencies' interpretations of their own regulations are entitled to deference

  7. United States v. Riverside Bayview Homes, Inc.

    474 U.S. 121 (1985)   Cited 541 times   42 Legal Analyses
    Holding that "Congress chose to define the waters covered by the Act broadly."

  8. International Paper Co. v. Ouellette

    479 U.S. 481 (1987)   Cited 455 times   11 Legal Analyses
    Holding that the Clean Water Act does not preclude aggrieved individuals from bringing a "nuisance claim pursuant to the law of the source State"

  9. Occidental Engineering Co. v. I.N.S.

    753 F.2d 766 (9th Cir. 1985)   Cited 643 times
    Finding that plaintiff's editing role was not equivalent to a specialty occupation because he did not supervise journalists

  10. Coeur Alaska, Inc. v. Se. Alaska Conservation Council

    557 U.S. 261 (2009)   Cited 100 times
    Rejecting argument that agency memorandum interpreting agency's regulations contradicted agency's prior view

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,129 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit

  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,463 times   184 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,377 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,546 times   62 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"

  15. Section 1311 - Effluent limitations

    33 U.S.C. § 1311   Cited 1,971 times   47 Legal Analyses
    Imposing general prohibition on "the discharge of any pollutant by any person"

  16. Section 1362 - Definitions

    33 U.S.C. § 1362   Cited 1,164 times   102 Legal Analyses
    Defining “pollutant” to include “rock”

  17. Section 1344 - Permits for dredged or fill material

    33 U.S.C. § 1344   Cited 1,148 times   38 Legal Analyses
    Providing that federal agencies issue permits for navigable waters—defined as those waters used or susceptible to use in interstate commerce

  18. Section 1301 - Application

    31 U.S.C. § 1301   Cited 61 times   2 Legal Analyses
    Stating that "[a]ppropriations shall be applied only to the objects for which the appropriations were made except as otherwise provided by law"

  19. Section 230.3 - Definitions

    40 C.F.R. § 230.3   Cited 111 times   14 Legal Analyses
    Defining "waters of the United States" to include wetlands

  20. Section 331.2 - Definitions

    33 C.F.R. § 331.2   Cited 37 times   3 Legal Analyses
    Identifying approved jurisdictional determinations, permit denials and declined permits as categories of "appealable action"