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Western Exploration LLC et al v. U.S. Department of the Interior et al

RESPONSE to 4 Motion for Preliminary Injunction,,

92 Cited authorities

  1. Winter v. Natural Res. Def. Council, Inc.

    555 U.S. 7 (2008)   Cited 16,916 times   66 Legal Analyses
    Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

  2. Friends of the Earth, Inc. v. Laidlaw Envtl. Servs. (TOC), Inc.

    528 U.S. 167 (2000)   Cited 7,204 times   25 Legal Analyses
    Holding that plaintiffs who curtailed their recreational activities on a river due to reasonable concerns about the effect of pollutant discharges into that river had standing

  3. Lexmark Int'l, Inc. v. Static Control Components, Inc.

    572 U.S. 118 (2014)   Cited 2,862 times   70 Legal Analyses
    Holding that a plaintiff seeking to bring suit under a federal statute must show not only that he has standing under Article III, but also that his "complaint fall within the zone of interests protected by the law" invoked

  4. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,705 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"

  5. Mazurek v. Armstrong

    520 U.S. 968 (1997)   Cited 3,380 times   2 Legal Analyses
    Holding that "a plaintiff's motion for preliminary injunctive relief has a "requirement for substantial proof is much higher" than a defendant's summary judgment motion

  6. Munaf v. Geren

    553 U.S. 674 (2008)   Cited 1,654 times   5 Legal Analyses
    Holding that civilian U.S. citizens held in U.S. military custody in Iraq could petition for a writ of habeas corpus in federal district court

  7. Norton v. Southern Utah Wilderness Alliance

    542 U.S. 55 (2004)   Cited 1,483 times   6 Legal Analyses
    Holding that agency can be compelled to act if time period is specified by law

  8. Massachusetts v. Environmental Protection Agency

    549 U.S. 497 (2007)   Cited 1,164 times   97 Legal Analyses
    Holding that denials of petitions for rulemaking are judicially reviewable

  9. Marsh v. Oregon Natural Resources Council

    490 U.S. 360 (1989)   Cited 2,003 times   2 Legal Analyses
    Holding that courts must defer to the "informed discretion" of federal agencies where the agencies’ decisions require "a high level of technical expertise" (quoting Kleppe v. Sierra Club , 427 U.S. 390, 412, 96 S.Ct. 2718, 49 L.Ed.2d 576 (1976) )

  10. Alliance for the Wild Rockies v. Cottrell

    632 F.3d 1127 (9th Cir. 2011)   Cited 3,928 times   2 Legal Analyses
    Holding that a “serious questions” version of the sliding scale approach to preliminary injunctions survives Winter

  11. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,518 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

  12. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,406 times   36 Legal Analyses
    Adopting the definition given in Section 551

  13. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,621 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

  14. Section 1604 - National Forest System land and resource management plans

    16 U.S.C. § 1604   Cited 613 times   2 Legal Analyses
    Granting the Secretary rulemaking authority over LRMP development and revision procedures

  15. Section 1701 - Congressional declaration of policy

    43 U.S.C. § 1701   Cited 546 times   3 Legal Analyses
    Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land

  16. Section 1600 - Congressional findings

    16 U.S.C. § 1600   Cited 469 times   1 Legal Analyses
    Directing agency to specify guidelines for land management plans

  17. Section 551 - Protection of national forests; rules and regulations

    16 U.S.C. § 551   Cited 263 times
    Authorizing the promulgation of rules covering use of the national forests and providing for criminal sanctions for violation of those rules

  18. Section 22 - Lands open to purchase by citizens

    30 U.S.C. § 22   Cited 237 times

    Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and

  19. Section 528 - Development and administration of renewable surface resources for multiple use and sustained yield of products and services; Congressional declaration of policy and purpose

    16 U.S.C. § 528   Cited 236 times
    Requiring administration of National Forest System lands for multiple uses, including recreation

  20. Section 1712 - Land use plans

    43 U.S.C. § 1712   Cited 142 times   1 Legal Analyses
    Granting BLM authority to issue land management plans

  21. Section 1500.1 - Purpose and policy

    40 C.F.R. § 1500.1   Cited 461 times   2 Legal Analyses
    Explaining that the purpose of NEPA's procedures is to make information available before decisions are made

  22. Section 1501.3 - Determine the appropriate level of NEPA review

    40 C.F.R. § 1501.3   Cited 187 times   8 Legal Analyses
    Providing instructions for how an agency should decide to issue an EIS or EA

  23. Section 1502.13 - Purpose and need

    40 C.F.R. § 1502.13   Cited 111 times   6 Legal Analyses
    Requiring a statement that "shall briefly specify the underlying purpose and need to which the agency is responding in proposing the alternatives including the proposed action"

  24. Section 1503.4 - Response to comments

    40 C.F.R. § 1503.4   Cited 88 times
    Requiring agencies, when preparing an EIS, to respond to comments by explaining in the EIS why the comments do not warrant further agency response and by citing the authorities or reasons that support the agency's position

  25. Section 228.4 - Plan of operations-notice of intent-requirements

    36 C.F.R. § 228.4   Cited 60 times   1 Legal Analyses
    Requiring plan of operations to the Forest Service

  26. Section 1610.5-3 - Conformity and implementation

    43 C.F.R. § 1610.5-3   Cited 59 times   1 Legal Analyses
    Requiring that "subsequent more detailed or specific planning . . . conform to" the adopted RMP

  27. Section 1501.6 - Findings of no significant impact

    40 C.F.R. § 1501.6   Cited 48 times   3 Legal Analyses
    Requiring agencies to use the resulting analysis "to the maximum extent possible"

  28. Section 261.13 - Motor vehicle use

    36 C.F.R. § 261.13   Cited 28 times

    After National Forest System roads, National Forest System trails, and areas on National Forest System lands have been designated pursuant to 36 CFR 212.51 on an administrative unit or a Ranger District of the National Forest System, and these designations have been identified on a motor vehicle use map, it is prohibited to possess or operate a motor vehicle on National Forest System lands in that administrative unit or Ranger District other than in accordance with those designations, provided that

  29. Section 228.14 - Appeals

    36 C.F.R. § 228.14   Cited 6 times

    Appeal of decisions of an authorized officer made pursuant to this subpart is governed by 36 CFR part 214 or 215. 36 C.F.R. §228.14 78 FR 33724, June 5, 2013

  30. Section 8340.0-5 - Definitions

    43 C.F.R. § 8340.0-5   Cited 5 times

    As used in this part: (a)Off-road vehicle means any motorized vehicle capable of, or designed for, travel on or immediately over land, water, or other natural terrain, excluding: (1) Any nonamphibious registered motorboat; (2) Any military, fire, emergency, or law enforcement vehicle while being used for emergency purposes; (3) Any vehicle whose use is expressly authorized by the authorized officer, or otherwise officially approved; (4) Vehicles in official use; (5) E-bikes, as defined in paragraph