9 Cited authorities

International Union, United Mine Workers of America v. Federal Mine Safety & Health Administration
920 F.2d 960 (D.C. Cir. 1990) Cited 82 times
Holding that the Secretary was entitled to deference when determining whether to alter mandatory standards, but remanding because the Secretary failed to explain adequately his reasoning
Ethyl Corp. v. Browner
989 F.2d 522 (D.C. Cir. 1993) Cited 76 times
Holding that where there was significant new evidence, a remand was appropriate
Carpenters Industrial Council v. Salazar
734 F. Supp. 2d 126 (D.D.C. 2010) Cited 37 times 1 Legal Analyses
Finding that, where later-acquired information raised “substantial and legitimate concerns” about the agency's findings, “[v]oluntary remand [would] preserve Court's scarce judicial resources by providing the federal defendants' the opportunity to ‘cure their own mistakes.’ ”
WildEarth Guardians v. U.S. Office of Surface Mining
104 F. Supp. 3d 1208 (D. Colo. 2015) Cited 6 times
Rejecting the argument that "coal combustion is not an actual [indirect] ‘effect’ of the mining plan within the meaning of NEPA because a mining plan does not cause coal combustion"
Wildearth Guardians v. U.S. Forest Service
778 F. Supp. 2d 1143 (D.N.M. 2011) Cited 6 times
Granting a motion for indicative ruling pursuant to rule 62.1 despite the pendency of appeal from final judgment
WildEarth Guardians v. U.S. Office of Surface Mining
CV 14-13-BLG-SPW (D. Mont. Jan. 21, 2016)
CV 14-13-BLG-SPW CV 14-103-BLG-SPW 01-21-2016 WILDEARTH GUARDIANS, Plaintiff, v. U.S. OFFICE OF SURFACE MINING, RECLAMATION AND ENFORCEMENT, AL KLEIN, in his official capacity as Western Regional Director of the Office of Surface Mining Reclamation and Enforcement, Denver, Colorado, and SALLY JEWELL, in her capacity as U.S. Secretary of the Interior, Defendants, and STATE OF MONTANA, SPRING CREEK COAL LLC, NATIONAL MINING ASSOCIATION, Defendant-Intervenors. NORTHERN PLAINS RESOURCE COUNCIL INC.,
COALITION OF AZIZONA/NEW MEXICO COUNTIES v. SALAZAR
Case No. 07-CV-00876 JEC/WPL (D.N.M. May. 4, 2009) Cited 2 times
Case No. 07-CV-00876 JEC/WPL. May 4, 2009 MEMORANDUM OPINION AND ORDER ON FEDERAL DEFENDANTS' MOTION FOR VOLUNTARY REMAND JOHN CONWAY, Senior District Judge THIS MATTER comes before the Court on the Motion for Voluntary Remand (Doc. 46) filed on February 2, 2009 by Defendants Kenneth Salazar, in his official capacity as Secretary of the Interior, Rowan Gould, in his official capacity as Acting Director of the Fish and Wildlife Service, the United States Department of the Interior, and the United
Section 2412 - Costs and fees
28 U.S.C. § 2412 Cited 28,499 times 22 Legal Analyses
Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"
Section 706 - Scope of review
5 U.S.C. § 706 Cited 20,398 times 183 Legal Analyses
Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"

WildEarth Guardians v. Klein et al

9 Cited authorities

Holding that the Secretary was entitled to deference when determining whether to alter mandatory standards, but remanding because the Secretary failed to explain adequately his reasoning

Holding that where there was significant new evidence, a remand was appropriate

Finding that, where later-acquired information raised “substantial and legitimate concerns” about the agency's findings, “[v]oluntary remand [would] preserve Court's scarce judicial resources by providing the federal defendants' the opportunity to ‘cure their own mistakes.’ ”

Rejecting the argument that "coal combustion is not an actual [indirect] ‘effect’ of the mining plan within the meaning of NEPA because a mining plan does not cause coal combustion"

Granting a motion for indicative ruling pursuant to rule 62.1 despite the pendency of appeal from final judgment

Providing that an EAJA fee motion shall be filed "within thirty days of final judgment"

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