26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 267,813 times 281 Legal Analyses
Holding court need not credit "mere conclusory statements" in complaint
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 280,791 times 369 Legal Analyses
Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing
Erickson v. Pardus
551 U.S. 89 (2007) Cited 65,504 times 3 Legal Analyses
Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"
Lujan v. National Wildlife Federation
497 U.S. 871 (1990) Cited 9,776 times 2 Legal Analyses
Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete
Norton v. Southern Utah Wilderness Alliance
542 U.S. 55 (2004) Cited 1,608 times 6 Legal Analyses
Holding that references in a conservation plan to what an agency "will" do were not mandatory without additional indicia of a binding commitment
Marsh v. Oregon Natural Resources Council
490 U.S. 360 (1989) Cited 2,027 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) )
Robertson v. Methow Valley Citizens Council
490 U.S. 332 (1989) Cited 1,415 times 12 Legal Analyses
Holding NEPA does not require a "worst case analysis"
Kleppe v. Sierra Club
427 U.S. 390 (1976) Cited 1,023 times 3 Legal Analyses
Holding that role of court in reviewing agency action under NEPA is to ensure agency has taken a "hard look" at environmental consequences; the court cannot "interject itself within the area of discretion of the executive as to the choice of the action to be taken."
Atherton v. D.C. Office of Mayor
567 F.3d 672 (D.C. Cir. 2009) Cited 960 times
Holding assertion that grand juror was removed because of race insufficient to state a claim where plaintiff's main supporting factual allegations were that he was "half Mexican" and that he was the only Spanish-speaking grand juror
Sparrow v. United Air Lines, Inc.
216 F.3d 1111 (D.C. Cir. 2000) Cited 1,226 times 2 Legal Analyses
Holding that a plaintiff alleging a violation of 42 U.S.C. § 1981 need not allege facts establishing a prima facie case for discrimination in his complaint
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 362,607 times 962 Legal Analyses
Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss
Rule 8 - General Rules of Pleading
Fed. R. Civ. P. 8 Cited 164,455 times 197 Legal Analyses
Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."
Section 706 - Scope of review
5 U.S.C. § 706 Cited 21,077 times 233 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,594 times 39 Legal Analyses
Adopting the definition given in Section 551
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,904 times 82 Legal Analyses
Adopting the definition set out in the APA
Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts
42 U.S.C. § 4332 Cited 3,671 times 30 Legal Analyses
Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
Section 4321 - Congressional declaration of purpose
42 U.S.C. § 4321 Cited 3,524 times 30 Legal Analyses
Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

Western Organization of Resource Councils et al v. Jewell et al

26 Cited authorities

Holding court need not credit "mere conclusory statements" in complaint

Holding that allegations of conduct that are merely consistent with wrongdoing do not state a claim unless "placed in a context that raises a suggestion of" such wrongdoing

Holding that a complaint must "give the defendant fair notice of what the . . . claim is and the grounds upon which it rests"

Holding the district court did not abuse its discretion in declining to admit affidavits in support of standing when filed after summary judgment briefing and hearing were complete

Holding that references in a conservation plan to what an agency "will" do were not mandatory without additional indicia of a binding commitment

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) )

Holding NEPA does not require a "worst case analysis"

Holding that role of court in reviewing agency action under NEPA is to ensure agency has taken a "hard look" at environmental consequences; the court cannot "interject itself within the area of discretion of the executive as to the choice of the action to be taken."

Holding assertion that grand juror was removed because of race insufficient to state a claim where plaintiff's main supporting factual allegations were that he was "half Mexican" and that he was the only Spanish-speaking grand juror

Holding that a plaintiff alleging a violation of 42 U.S.C. § 1981 need not allege facts establishing a prima facie case for discrimination in his complaint

Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

Holding that "[e]very defense to a claim for relief in any pleading must be asserted in the responsive pleading. . . ."

Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

Adopting the definition given in Section 551

Adopting the definition set out in the APA

Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment

Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"