§Why CasetextPricing

WildEarth Guardians v. Jewell et al

MOTION to Sever , MOTION to Transfer Case

52 Cited authorities

  1. Stewart Org., Inc. v. Ricoh Corp.

    487 U.S. 22 (1988)   Cited 4,869 times   12 Legal Analyses
    Holding that federal law determines the validity of a forum selection clause

  2. Piper Aircraft Co. v. Reyno

    454 U.S. 235 (1981)   Cited 4,740 times   11 Legal Analyses
    Holding that potential change in law cannot, by itself, fend off dismissal under forum non conveniens absent showing that new law is "clearly inadequate or unsatisfactory"

  3. Florida Power Light Co. v. Lorion

    470 U.S. 729 (1985)   Cited 1,880 times   1 Legal Analyses
    Holding that the Hobbs Act vests in the court of appeals initial judicial review authority over an NRC order denying a petition under 10 C.F.R. § 2.206 for suspension of an operating license

  4. Van Dusen v. Barrack

    376 U.S. 612 (1964)   Cited 4,629 times   7 Legal Analyses
    Holding that a "change of venue under § 1404 generally should be, with respect to state law, but a change of courtrooms"

  5. Gulf Oil Corp. v. Gilbert

    330 U.S. 501 (1947)   Cited 5,603 times   5 Legal Analyses
    Holding that private interest factors include the "availability of compulsory process for attendance of un-willing, and the cost of obtaining attendance of willing, witnesses"

  6. Am. Dredging Co. v. Miller

    510 U.S. 443 (1994)   Cited 745 times   2 Legal Analyses
    Holding that a Louisiana forum non conveniens rule could be used in a case that was applying substantive maritime law

  7. Hodel v. Virginia Surface Mining Recl. Assn

    452 U.S. 264 (1981)   Cited 1,086 times   2 Legal Analyses
    Holding that "[p]rotection of the health and safety of the public is a paramount governmental interest" which justifies summary administrative action in the prevention of mining disasters

  8. Emp’rs Mut. Cas. v. Bartile Roofs

    618 F.3d 1153 (10th Cir. 2010)   Cited 610 times
    Holding that under Utah law, the policy definition of the term "suit" made the insurer's duty to defend dependent on the underlying allegations of liability

  9. Chrysler Credit Corp. v. Country Chrysler

    928 F.2d 1509 (10th Cir. 1991)   Cited 889 times
    Holding that claims may be properly severed under Fed. R. Civ. P. 21

  10. Olenhouse v. Commodity Credit Corp.

    42 F.3d 1560 (10th Cir. 1994)   Cited 475 times   1 Legal Analyses
    Holding that summary judgment practice is "inconsistent with the standards for review of agency action under the APA" and "permits the issues on appeal to be defined by the appellee" and is an "impermissible devic[e] works to the disadvantage of the appellant"

  11. Section 1404 - Change of venue

    28 U.S.C. § 1404   Cited 28,387 times   184 Legal Analyses
    Granting Class Plaintiffs' motion to transfer action in order to "facilitate a unified settlement approval process together with the class action cases in" In re Amex ASR

  12. Section 1391 - Venue generally

    28 U.S.C. § 1391   Cited 27,851 times   197 Legal Analyses
    Finding that venue lies where a "substantial part of the events or omissions giving rise to the claim" occurred

  13. Section 701 - Application; definitions

    5 U.S.C. § 701   Cited 9,369 times   36 Legal Analyses
    Adopting the definition given in Section 551

  14. Rule 21 - Misjoinder and Nonjoinder of Parties

    Fed. R. Civ. P. 21   Cited 7,423 times   13 Legal Analyses
    Granting district courts broad discretion when deciding whether to sever claims or to dismiss improperly joined claims or defendants

  15. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,500 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  16. Section 1201 - Congressional findings

    30 U.S.C. § 1201   Cited 418 times   1 Legal Analyses
    Declaring that regulation of surface coal mining "is an appropriate and necessary means to minimize so far as practicable the adverse social, economic, and environmental effects of such mining operations"

  17. Section 181 - Lands subject to disposition; persons entitled to benefits; reciprocal privileges; helium rights reserved

    30 U.S.C. § 181   Cited 332 times   6 Legal Analyses

    Deposits of coal, phosphate, sodium, potassium, oil, oil shale, gilsonite (including all vein-type solid hydrocarbons), or gas, and lands containing such deposits owned by the United States, including those in national forests, but excluding lands acquired under the Appalachian Forest Act, approved March 1, 1911 (36 Stat. 961), and those in incorporated cities, towns, and villages and in national parks and monuments, those acquired under other Acts subsequent to February 25, 1920, and lands within

  18. Section 1253 - State programs

    30 U.S.C. § 1253   Cited 148 times
    Requiring that a state SMCRA program establish "for the purposes of avoiding duplication, . . . a process for coordinating the review and issuance of permits for surface coal mining and reclamation operations with any other Federal or State permit process applicable to the proposed operations"

  19. Section 1276 - Judicial review

    30 U.S.C. § 1276   Cited 126 times
    Providing a 60-day period for review of certain Environmental Protection Agency actions related to coal mining

  20. Section 1271 - Enforcement

    30 U.S.C. § 1271   Cited 87 times
    Authorizing “the Secretary [of the Interior] or his authorized representative” to “order a cessation of surface coal mining and reclamation operations” upon finding certain environmental violations

  21. Section 3425.3 - Environmental analysis

    43 C.F.R. § 3425.3   Cited 8 times

    (a) Before a lease sale may be held under this subpart, the authorized officer shall prepare an environmental assessment or environmental impact statement of the proposed lease area in accordance with 40 CFR parts 1500 through 1508. BLM will publish a notice in the FEDERAL REGISTER, and at least once per week for two consecutive weeks in a newspaper of general circulation in the area of the sale, announcing the availability of the environmental assessment or draft environmental impact statement and

  22. Section 745.13 - Authority reserved by the Secretary

    30 C.F.R. § 745.13   Cited 4 times

    The Secretary shall not delegate to any State, nor shall any cooperative agreement under this part be construed to delegate to any State, authority to- (a) Designate Federal lands as unsuitable for surface coal mining under subchapter F of this chapter or terminate such designations; (b) Comply with the National Environmental Policy Act of 1969, as amended, 42 U.S.C. 4321 et seq., and Federal laws and regulations other than SMCRA; (c) Develop land use management plans for Federal lands where the

  23. Section 950.20 - State-Federal Cooperative Agreement

    30 C.F.R. § 950.20   Cited 1 times

    The Governor of the State of Wyoming (State) acting by and through the Department of Environmental Quality, Land Quality Division (Division), and the Secretary of the Department of the Interior (Department) acting by and through the Office of Surface Mining Reclamation and Enforcement (OSMRE), enter into a Cooperative Agreement (Agreement) to read as follows: Article I: Introduction and Purpose 1. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act of

  24. Section 950.10 - State regulatory program approval

    30 C.F.R. § 950.10   Cited 1 times

    The Wyoming permanent program as submitted on August 15, 1979 and as revised on October 23, 1979 and May 30, 1980, is approved effective November 26, 1980. Copies of the approved program are available at: (a) Office of Surface Mining Reclamation and Enforcement, Casper Field Office, 100 East B Street, room 2128, Casper, Wyoming 82601-1918, Telephone: (307) 261-5776. (b) Wyoming Department of Environmental Quality, Land Quality Division, Herschler Building, 122 West 25th Street, Cheyenne, Wyoming

  25. Section 3425.1-1 - Where filed

    43 C.F.R. § 3425.1-1

    Application for a lease covering lands subject to leasing ( 43 CFR 3400.2 ) shall be filed in the Bureau of Land Management State Office having jurisdiction over the lands or minerals involved (43 CFR subpart 1821). 43 C.F.R. § 3425.1-1

  26. Section 931.30 - State-Federal cooperative agreement

    30 C.F.R. § 931.30

    The State of New Mexico (State) acting through the Governor and the Department of the Interior (Department) acting through the Secretary enter into a Cooperative Agreement (Agreement) to read as follows: Article I: Introduction and Purpose 1. This Agreement is authorized by section 523(c) of the Surface Mining Control and Reclamation Act (Federal Act), 30 U.S.C. 1273(c) , which allows a State with a permanent regulatory program approved under 30 U.S.C. 1253 to elect to enter into an agreement with

  27. Section 931.10 - State regulatory program approval

    30 C.F.R. § 931.10

    The New Mexico State Program as submitted on February 28, 1980, and amended and clarified on June 11, 1980, August 7, 1980, and September 10, 1980, was conditionally approved, effective December 31, 1980. Copies of the approved program together with copies of the letter of the New Mexico Energy and Minerals Department, Division of Mining and Minerals, agreeing to the conditions in 30 CFR 931.11 are available at: (a) Mining and Minerals Division, Energy, Minerals and Natural Resources Department,