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USA v. Duke Energy Corp.

RESPONSE in Opposition re MOTION for Summary Judgment on Subject Matter Jurisdiction

58 Cited authorities

  1. Anderson v. Liberty Lobby, Inc.

    477 U.S. 242 (1986)   Cited 237,112 times   38 Legal Analyses
    Holding that summary judgment is not appropriate if "the dispute about a material fact is ‘genuine,’ that is, if the evidence is such that a reasonable jury could return a verdict for the nonmoving party"

  2. Auer v. Robbins

    519 U.S. 452 (1997)   Cited 2,342 times   90 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. Pennsylvania Dept. of Corrections v. Yeskey

    524 U.S. 206 (1998)   Cited 2,168 times
    Holding that text of Title II's prohibition of discrimination by "public entities" against disabled individuals "unmistakably includes State prisons and prisoners within its coverage"

  4. Maynard v. Cartwright

    486 U.S. 356 (1988)   Cited 1,137 times   15 Legal Analyses
    Holding that Oklahoma's "especially heinous, atrocious, or cruel" aggravating circumstance was unconstitutionally vague

  5. Evans v. Techs. Applications Serv.

    80 F.3d 954 (4th Cir. 1996)   Cited 3,201 times   1 Legal Analyses
    Holding that the plaintiff's age discrimination claim did not relate back to the originally filed charge of sex discrimination

  6. Mackey v. Lanier Collection Agency Serv

    486 U.S. 825 (1988)   Cited 876 times   2 Legal Analyses
    Holding that ERISA did not pre-empt a state garnishment procedure despite petitioners’ contention that such actions would impose "substantial administrative burdens and costs" on plans

  7. Securities Comm'n v. Chenery Corp.

    332 U.S. 194 (1947)   Cited 4,157 times   14 Legal Analyses
    Holding that reviewing court may consider only grounds invoked by agency

  8. Martin v. Oshrc

    499 U.S. 144 (1991)   Cited 599 times   4 Legal Analyses
    Holding that a reviewing court should defer to the Secretary of Labor when the Secretary and the Commission provide reasonable but conflicting interpretations of an ambiguous regulation promulgated under the Occupational Safety and Health Act

  9. Richmond, Fredericksburg Potomac R. v. U.S.

    945 F.2d 765 (4th Cir. 1991)   Cited 2,422 times
    Holding that the limitations period started when the plaintiff first learned of the disputed covenant, not when the government later attempted to enforce that covenant for the first time

  10. Good Samaritan Hosp. v. Shalala

    508 U.S. 402 (1993)   Cited 355 times
    Holding that "the consistency of an agency's position is a factor in assessing the weight that position is due" and that "agency interpretation of a relevant provision which conflicts with the agency's earlier interpretation is entitled to considerably less deference than a consistently held agency view."

  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 330,026 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 1331 - Federal question

    28 U.S.C. § 1331   Cited 98,004 times   136 Legal Analyses
    Finding that in order to invoke federal question jurisdiction, a plaintiff's claims must arise "under the Constitution, laws, or treaties of the United States."

  13. Section 553 - Rule making

    5 U.S.C. § 553   Cited 4,100 times   148 Legal Analyses
    Exempting "interpretative rules," among other things, from the notice-and-comment requirement

  14. Section 1345 - United States as plaintiff

    28 U.S.C. § 1345   Cited 2,933 times   3 Legal Analyses
    Granting the district courts jurisdiction over "all civil actions, suits or proceedings commenced by the United States"

  15. Section 7401 - Congressional findings and declaration of purpose

    42 U.S.C. § 7401   Cited 1,378 times   16 Legal Analyses
    Finding that “air pollution prevention (that is, the reduction or elimination, through any measures, of the amount of pollutants produced or created at the source) and air pollution control at its source is the primary responsibility of States and local governments”

  16. Section 7604 - Citizen suits

    42 U.S.C. § 7604   Cited 867 times   23 Legal Analyses
    Granting district courts limited jurisdiction "to compel (consistent with paragraph (2) of this section) agency action unreasonably delayed ..."

  17. Section 1355 - Fine, penalty or forfeiture

    28 U.S.C. § 1355   Cited 800 times   4 Legal Analyses
    Granting federal courts exclusive jurisdiction over fines and penalties incurred under federal statute

  18. Section 7607 - Administrative proceedings and judicial review

    42 U.S.C. § 7607   Cited 786 times   10 Legal Analyses
    Granting the D.C. Circuit original jurisdiction to review "any other nationally applicable regulations promulgated, or final action taken, by the Administrator under this chapter" and granting regional circuits jurisdiction to review "any other final action of the Administrator under this chapter ... which is locally or regionally applicable"

  19. Section 7413 - Federal enforcement

    42 U.S.C. § 7413   Cited 563 times   17 Legal Analyses
    Granting the Administrator discretion to extend the ambient air quality standard attainment date set in the 1977 Act by up to three years for steelmaking facilities

  20. Section 7475 - Preconstruction requirements

    42 U.S.C. § 7475   Cited 231 times   9 Legal Analyses
    Requiring permits for "the construction and operation" of certain facilities

  21. Section 51.166 - Prevention of significant deterioration of air quality

    40 C.F.R. § 51.166   Cited 68 times   10 Legal Analyses
    Repeating statutory definition