50 Cited authorities

  1. Lujan v. Defs. of Wildlife

    504 U.S. 555 (1992)   Cited 28,057 times   138 Legal Analyses
    Holding that the elements of standing "must be supported in the same way as any other matter on which the plaintiff bears the burden of proof"
  2. Bennett v. Spear

    520 U.S. 154 (1997)   Cited 3,707 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"
  3. Hunt v. Washington Apple Advertising Comm'n

    432 U.S. 333 (1977)   Cited 4,455 times   9 Legal Analyses
    Holding that North Carolina's statute banning state grading of apples was discriminatory even though six other states also had no state grading
  4. Lands Council v. McNair

    537 F.3d 981 (9th Cir. 2008)   Cited 703 times
    Holding that the Forest Service did not act arbitrarily and capriciously by failing to verify its model with on-the-ground data
  5. Navajo v. U.S.

    535 F.3d 1058 (9th Cir. 2008)   Cited 444 times   3 Legal Analyses
    Holding that district court need not consider claim not included in the complaint and raised for the first time at summary judgment
  6. U.S. v. Shumway

    199 F.3d 1093 (9th Cir. 1999)   Cited 498 times
    Finding where "personal knowledge and competence is established by the affidavit," such affidavit should be admitted by the court
  7. City of Sausalito v. O'Neill

    386 F.3d 1186 (9th Cir. 2004)   Cited 410 times   1 Legal Analyses
    Holding that a municipality must allege injuries to "its own 'proprietary interests,' " including the "municipality's responsibilities, powers, and assets"
  8. Citizens for Better Forestry v. Department of Agriculture

    341 F.3d 961 (9th Cir. 2003)   Cited 251 times   1 Legal Analyses
    Holding that the plaintiffs "were deprived of the opportunity to comment on the [agency's NEPA documents] at all points in the rulemaking process," and that "[t]his deprivation violated their rights under the regulations implementing NEPA"
  9. Central Delta Water Agency v. U.S.

    306 F.3d 938 (9th Cir. 2002)   Cited 230 times
    Holding that “monetary compensation may well not adequately return plaintiffs to their original position” because harms to the environment “are frequently difficult or impossible to remedy”
  10. State of Cal. v. Block

    690 F.2d 753 (9th Cir. 1982)   Cited 365 times
    Holding that the Forest Service violated NEPA when it failed to evaluate the site-specific environmental consequences of designating several forest areas in the National Forest System as "nonwilderness" areas under the RARE II program; the court found that the site-specific analysis was required because the agency was proposing to make an "irreversible and irretrievable commitment of the availability of resources to a project at a particular site"
  11. Rule 56 - Summary Judgment

    Fed. R. Civ. P. 56   Cited 329,994 times   158 Legal Analyses
    Holding a party may move for summary judgment on any part of any claim or defense in the lawsuit
  12. Section 706 - Scope of review

    5 U.S.C. § 706   Cited 20,524 times   185 Legal Analyses
    Granting courts jurisdiction to "compel agency action unlawfully held or unreasonably delayed"
  13. Section 4332 - Cooperation of agencies; reports; availability of information; recommendations; international and national coordination of efforts

    42 U.S.C. § 4332   Cited 3,622 times   28 Legal Analyses
    Requiring that agencies prepare environmental impact statements where major agency action would significantly affect the environment
  14. Section 4331 - Congressional declaration of national environmental policy

    42 U.S.C. § 4331   Cited 698 times   3 Legal Analyses
    Recognizing "the critical importance of restoring and maintaining environmental quality to the overall welfare and development of man," and declaring the federal government’s responsibility to "preserve important historic, cultural, and natural aspects of our national heritage"
  15. Section 1701 - Congressional declaration of policy

    43 U.S.C. § 1701   Cited 547 times   3 Legal Analyses
    Holding that plaintiffs sufficiently pleaded prudential standing as to the FLPMA due only to their "aesthetic and "recreational interest" in land
  16. Section 470f - Repealed

    16 U.S.C. § 470f   Cited 319 times   1 Legal Analyses
    Requiring agency to “take into account” adverse impacts on properties listed or eligible for listing on the National Register of Historic Places prior to the issuance of an abandonment license
  17. Section 1712 - Land use plans

    43 U.S.C. § 1712   Cited 142 times   1 Legal Analyses
    Granting BLM authority to issue land management plans
  18. Section 1996 - Protection and preservation of traditional religions of Native Americans

    42 U.S.C. § 1996   Cited 135 times

    On and after August 11, 1978, it shall be the policy of the United States to protect and preserve for American Indians their inherent right of freedom to believe, express, and exercise the traditional religions of the American Indian, Eskimo, Aleut, and Native Hawaiians, including but not limited to access to sites, use and possession of sacred objects, and the freedom to worship through ceremonials and traditional rites. 42 U.S.C. § 1996 Pub. L. 95-341, §1, Aug. 11, 1978, 92 Stat. 469. STATUTORY

  19. Section 470a - Repealed

    16 U.S.C. § 470a   Cited 88 times
    Requiring the Secretary to "promulgate regulations to assist Indian tribes in preserving their particular historic properties" and "to encourage coordination . . . in historic preservation planning and in the identification, evaluation, protection, and interpretation of historic properties"
  20. Section 1714 - Withdrawals of lands

    43 U.S.C. § 1714   Cited 48 times
    Establishing procedures to be followed when the Interior Secretary “make, modif[ies], extend, or revoke withdrawals”
  21. Section 1502.16 - Environmental consequences

    40 C.F.R. § 1502.16   Cited 173 times   6 Legal Analyses
    Stating that the detailed statement should include: "environmental impacts of the alternatives . . ., any adverse environmental effects which cannot be avoided should the proposal be implemented, the relationship between short-term uses of man's environment and the maintenance and enhancement of long-term productivity, and any irreversible or irretrievable commitments of resources which would be involved in the proposal"
  22. Section 800.2 - Participants in the Section 106 process

    36 C.F.R. § 800.2   Cited 117 times   2 Legal Analyses
    Designating tribes as consulting party
  23. Section 1506.2 - Elimination of duplication with State, Tribal, and local procedures

    40 C.F.R. § 1506.2   Cited 39 times   1 Legal Analyses
    Authorizing joint federal-state environmental review
  24. Section 1610.5-5 - Amendment

    43 C.F.R. § 1610.5-5   Cited 21 times
    Summarizing amendment procedures
  25. Section 3809.100 - What special provisions apply to operations on segregated or withdrawn lands?

    43 C.F.R. § 3809.100   Cited 6 times

    (a)Mineral examination report. After the date on which the lands are withdrawn from appropriation under the mining laws, BLM will not approve a plan of operations or allow notice-level operations to proceed until BLM has prepared a mineral examination report to determine whether the mining claim was valid before the withdrawal, and whether it remains valid. BLM may require preparation of a mineral examination report before approving a plan of operations or allowing notice-level operations to proceed

  26. Section 1610.3-2 - Consistency requirements

    43 C.F.R. § 1610.3-2   Cited 3 times   1 Legal Analyses
    Giving governors of affected states 60 days in which to "identify inconsistencies and provide recommendations in writing" to the BLM State Director
  27. Section 1610.3-1 - Coordination of planning efforts

    43 C.F.R. § 1610.3-1   Cited 3 times

    (a) In addition to the public involvement prescribed by § 1610.2 , the following coordination is to be accomplished with other Federal agencies, state and local governments, and federally recognized Indian tribes. The objectives of the coordination are for the State Directors and Field Managers to: (1) Keep apprised of non-Bureau of Land Management plans; (2) Assure that BLM considers those plans that are germane in the development of resource management plans for public lands; (3) Assist in resolving