24 Cited authorities

Celotex Corp. v. Catrett
477 U.S. 317 (1986) Cited 216,328 times 40 Legal Analyses
Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"
Winter v. Natural Res. Def. Council, Inc.
555 U.S. 7 (2008) Cited 16,785 times 56 Legal Analyses
Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"
Bennett v. Spear
520 U.S. 154 (1997) Cited 3,688 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"
Beard v. Banks
548 U.S. 521 (2006) Cited 1,693 times 1 Legal Analyses
Holding that encouraging progress toward rehabilitation serves legitimate penological objectives
Landis v. North American Co.
299 U.S. 248 (1936) Cited 8,277 times 6 Legal Analyses
Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"
Babbitt v. Sweet Home Chap., Coms. for Great Ore
515 U.S. 687 (1995) Cited 528 times 7 Legal Analyses
Holding that EPA's interpretation of a statute was reasonable and deserving of deference even though the statute was criminally enforced
Kennedy v. Allied Mut. Ins. Co.
952 F.2d 262 (9th Cir. 1991) Cited 784 times 1 Legal Analyses
Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact
Arizona Cattle Growers' Ass'n v. United States Fish & Wildlife
273 F.3d 1229 (9th Cir. 2001) Cited 311 times 2 Legal Analyses
Holding that "it was arbitrary and capricious for the Fish and Wildlife Service to issue terms and conditions so vague as to preclude compliance therewith"
Barthelemy v. Air Lines Pilots Ass'n
897 F.2d 999 (9th Cir. 1990) Cited 281 times
Holding that witnesses' personal knowledge may be "inferred from their positions and the nature of their participation in the matters to which they swore"
Kennedy v. Silas Mason Co.
334 U.S. 249 (1948) Cited 257 times
In Kennedy the Supreme Court declined to construe the Fair Labor Standards Act because the record created before the trial court at summary judgment was inadequate, and remanded the case for creation of an adequate record.
Rule 701 - Opinion Testimony by Lay Witnesses
Fed. R. Evid. 701 Cited 5,726 times 26 Legal Analyses
Requiring lay opinion testimony to be "rationally based on the witness's perception"
Section 1536 - Interagency cooperation
16 U.S.C. § 1536 Cited 1,320 times 35 Legal Analyses
Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"
Section 1532 - Definitions
16 U.S.C. § 1532 Cited 868 times 33 Legal Analyses
Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"
Section 17.3 - Definitions
50 C.F.R. § 17.3 Cited 275 times 11 Legal Analyses
In 50 C.F.R. § 17.3, petitioner Secretary of the Interior further defines "harm" to include "significant habitat modification or degradation where it actually kills or injures wildlife."

Wild Equity Institute et al v. City and County of San Francisco et al

24 Cited authorities

Holding that a movant's summary judgment motion should be granted "against a [nonmovant] who fails to make a showing sufficient to establish the existence of an element essential to that party's case, and on which that party will bear the burden of proof at trial"

Holding that a plaintiff must establish "that he is likely to suffer irreparable harm"

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"

Holding that encouraging progress toward rehabilitation serves legitimate penological objectives

Holding that a decision to stay proceedings "calls for the exercise of judgment, which must weigh competing interests and maintain an even balance"

Holding that EPA's interpretation of a statute was reasonable and deserving of deference even though the statute was criminally enforced

Holding that a court may discount a "sham" declaration that "flatly contradicts" earlier deposition testimony, and was provided for the sole purpose of creating a genuine issue of material fact

Holding that "it was arbitrary and capricious for the Fish and Wildlife Service to issue terms and conditions so vague as to preclude compliance therewith"

Holding that witnesses' personal knowledge may be "inferred from their positions and the nature of their participation in the matters to which they swore"

In Kennedy the Supreme Court declined to construe the Fair Labor Standards Act because the record created before the trial court at summary judgment was inadequate, and remanded the case for creation of an adequate record.

Requiring lay opinion testimony to be "rationally based on the witness's perception"

Requiring that every federal agency "insure that any action authorized, funded, or carried out by such agency . . . is not likely to jeopardize the continued existence of any endangered species or threatened species"

Defining "conservation" as "the use of all methods and procedures which are necessary to bring any endangered species or threatened species to the point at which the measures provided pursuant to this chapter are no longer necessary"

In 50 C.F.R. § 17.3, petitioner Secretary of the Interior further defines "harm" to include "significant habitat modification or degradation where it actually kills or injures wildlife."