26 Cited authorities

Ashcroft v. Iqbal
556 U.S. 662 (2009) Cited 271,187 times 281 Legal Analyses
Holding that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"
Bell Atl. Corp. v. Twombly
550 U.S. 544 (2007) Cited 283,995 times 370 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 66,379 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 9,833 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 1,636 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 2,028 times 3 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 1,423 times 13 Legal Analyses
Holding NEPA does not require a "worst case analysis"
Kleppe v. Sierra Club
427 U.S. 390 (1976) Cited 1,026 times 4 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 969 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 1,238 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 366,273 times 968 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 166,300 times 198 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 21,207 times 242 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
Section 701 - Application; definitions
5 U.S.C. § 701 Cited 9,637 times 40 Legal Analyses
Adopting the definition given in Section 551
Section 551 - Definitions
5 U.S.C. § 551 Cited 4,944 times 88 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 3,684 times 32 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 3,534 times 33 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 that courts are not required "to credit a complaint's conclusory statements without reference to its factual context"

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"