31 Cited authorities

  1. Bell Atl. Corp. v. Twombly

    550 U.S. 544 (2007)   Cited 214,975 times   346 Legal Analyses
    Holding that conclusory allegations that the defendants acted unlawfully were insufficient to state a claim
  2. Arbaugh v. Y H Corp.

    546 U.S. 500 (2006)   Cited 6,020 times   22 Legal Analyses
    Holding that Title VII's numerosity requirement is nonjurisdictional even though it serves the important policy goal of “spar[ing] very small businesses from Title VII liability”
  3. Conley v. Gibson

    355 U.S. 41 (1957)   Cited 54,871 times   28 Legal Analyses
    Holding that "a complaint should not be dismissed for failure to state a claim unless it appears beyond doubt that the plaintiff can prove no set of facts in support of his claim which would entitle him to relief"
  4. Blue Chip Stamps v. Manor Drug Stores

    421 U.S. 723 (1975)   Cited 2,003 times   19 Legal Analyses
    Holding that only purchasers and sellers of a security have a private right of action under Section 10(b) and Rule 10b–5
  5. White v. Lee

    227 F.3d 1214 (9th Cir. 2000)   Cited 1,675 times   1 Legal Analyses
    Holding that, because it “is based on and implements the First Amendment right to petition,” the Noerr–Pennington doctrine “applies equally in all contexts”
  6. Rapanos v. U.S.

    547 U.S. 715 (2006)   Cited 356 times   157 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"
  7. Evans v. B.F. Perkins Company

    166 F.3d 642 (4th Cir. 1999)   Cited 1,353 times
    Holding that when a defendant challenges subject matter jurisdiction pursuant to Fed. R. Civ. P. 12(b), the court may consider evidence outside the pleadings without converting the proceeding to one for summary judgment
  8. Adams v. Bain

    697 F.2d 1213 (4th Cir. 1982)   Cited 1,910 times
    Holding that "where the jurisdictional facts are intertwined with the facts central to the merits of the dispute, . . . the entire factual dispute is appropriately resolved only by a proceeding on the merits" and it is inappropriate to dismiss the case for lack of subject-matter jurisdiction
  9. Limestone v. Village

    520 F.3d 797 (7th Cir. 2008)   Cited 624 times   1 Legal Analyses
    Holding that the continuing violation doctrine simply “allow suit to be delayed until a series of wrongful acts blossoms into an injury on which suit can be brought”
  10. Williams v. U.S.

    50 F.3d 299 (4th Cir. 1995)   Cited 532 times
    Holding that there is no subject-matter jurisdiction when the discretionary function exception applies
  11. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 84,742 times   110 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."
  12. Section 1961 - Definitions

    18 U.S.C. § 1961   Cited 13,541 times   61 Legal Analyses
    Defining what the terms “person” and “enterprise” include
  13. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,252 times   52 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"
  14. Section 1311 - Effluent limitations

    33 U.S.C. § 1311   Cited 1,791 times   37 Legal Analyses
    Imposing general prohibition on "the discharge of any pollutant by any person"
  15. Section 1362 - Definitions

    33 U.S.C. § 1362   Cited 1,058 times   67 Legal Analyses
    Defining “pollutant” to include “rock”
  16. Section 1321 - Oil and hazardous substance liability

    33 U.S.C. § 1321   Cited 510 times   13 Legal Analyses
    Granting the President authority to "remove or arrange for the removal of a discharge, and mitigate or prevent a substantial threat of a discharge, at any time"
  17. Section 9603 - Notification requirements respecting released substances

    42 U.S.C. § 9603   Cited 119 times   7 Legal Analyses
    Requiring disclosure
  18. Section 110.3 - Discharge of oil in such quantities as ''may be harmful'' pursuant to section 311(b)(4) of the Act

    40 C.F.R. § 110.3   Cited 35 times   3 Legal Analyses

    For purposes of section 311(b)(4) of the Act, discharges of oil in such quantities that the Administrator has determined may be harmful to the public health or welfare or the environment of the United States include discharges of oil that: (a) Violate applicable water quality standards; or (b) Cause a film or sheen upon or discoloration of the surface of the water or adjoining shorelines or cause a sludge or emulsion to be deposited beneath the surface of the water or upon adjoining shorelines. 40