51 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 27,829 times   138 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"
  2. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 18,972 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
  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,733 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits
  4. Fed. Deposit Ins. v. Meyer

    510 U.S. 471 (1994)   Cited 7,003 times   1 Legal Analyses
    Holding a Bivens claim does not lie against federal agencies because, if damages claims were permitted against federal agencies, "there would be no reason for aggrieved parties to bring damages actions against individual officers" and thus "the deterrent effects of the Bivens remedy would be lost"
  5. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,687 times   35 Legal Analyses
    Holding that a Final Biological Opinion has "legal consequences," even though the action agency is not legally obligated to accept the opinion's recommendations or conclusions, because the opinion "alter the legal regime to which the action agency is subject"
  6. Texas v. United States

    523 U.S. 296 (1998)   Cited 1,470 times   3 Legal Analyses
    Holding that a claim that "rests upon contingent future events that may not occur as anticipated, or indeed may not occur at all" is not ripe for adjudication
  7. United States v. Nordic Village, Inc.

    503 U.S. 30 (1992)   Cited 1,780 times   3 Legal Analyses
    Holding that the existence of "plausible" interpretations that would not permit recovery "is enough to establish that a reading imposing monetary liability on the Government is not ‘unambiguous' and therefore should not be adopted"
  8. Abbott Laboratories v. Gardner

    387 U.S. 136 (1967)   Cited 5,286 times   9 Legal Analyses
    Holding that plaintiffs subject to a regulation had standing to challenge it even though the Attorney General had yet to "authorize criminal and seizure actions for violations of the statute"
  9. National Park Hospitality Assn. v. Dept. of Interior

    538 U.S. 803 (2003)   Cited 1,009 times   2 Legal Analyses
    Holding that although the question presented was purely legal and the rule constituted final action, further factual development would "significantly advance our ability to deal with the legal issues presented" so the matter was not ripe for judicial review
  10. Ohio Forestry Assn., Inc. v. Sierra Club

    523 U.S. 726 (1998)   Cited 730 times
    Holding that a procedural dispute is ripe “at the time the [procedural] failure takes place”
  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 345,805 times   922 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
  12. Section 1331 - Federal question

    28 U.S.C. § 1331   Cited 97,390 times   134 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 2201 - Creation of remedy

    28 U.S.C. § 2201   Cited 24,530 times   61 Legal Analyses
    Granting district courts the authority to create a remedy with the force of a final judgment
  14. Section 704 - Actions reviewable

    5 U.S.C. § 704   Cited 4,248 times   31 Legal Analyses
    Granting judicial review over " final agency action"
  15. Section 1251 - Congressional declaration of goals and policy

    33 U.S.C. § 1251   Cited 3,543 times   61 Legal Analyses
    Designating the Administrator of the EPA to "administer this chapter"
  16. Section 1311 - Effluent limitations

    33 U.S.C. § 1311   Cited 1,969 times   47 Legal Analyses
    Imposing general prohibition on "the discharge of any pollutant by any person"
  17. Section 1319 - Enforcement

    33 U.S.C. § 1319   Cited 1,156 times   18 Legal Analyses
    Providing judicial review to "[a]ny person against whom a civil penalty is assessed under this subsection or who commented on the proposed assessment of such penalty"
  18. 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
  19. Section 323.2 - Definitions

    33 C.F.R. § 323.2   Cited 185 times   7 Legal Analyses
    Limiting "general" permits to activities that "cause only minimal individual and cumulative environmental impacts"
  20. Section 325.2 - Processing of applications

    33 C.F.R. § 325.2   Cited 97 times   12 Legal Analyses
    Processing of applications
  21. Section 326.3 - Unauthorized activities

    33 C.F.R. § 326.3   Cited 58 times

    (a)Surveillance. To detect unauthorized activities requiring permits, district engineers should make the best use of all available resources. Corps employees; members of the public; and representatives of state, local, and other Federal agencies should be encouraged to report suspected violations. Additionally, district engineers should consider developing joint surveillance procedures with Federal, state, or local agencies having similar regulatory responsibilities, special expertise, or interest

  22. Section 232.2 - Definitions

    40 C.F.R. § 232.2   Cited 44 times   5 Legal Analyses
    Defining "waters of the United States"
  23. Section 331.12 - Exhaustion of administrative remedies

    33 C.F.R. § 331.12   Cited 5 times
    Denying federal court jurisdiction over takings challenge to permit denial until "after a final Corps decision has been made"