§Why CasetextPricing

Yount v. Jewell et al

MOTION to Dismiss for Lack of Jurisdiction

64 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. Kokkonen v. Guardian Life Ins. Co. of America

    511 U.S. 375 (1994)   Cited 19,221 times   5 Legal Analyses
    Holding that absent a reservation of jurisdiction in the stipulated dismissal order, federal courts lack jurisdiction to consider enforcement of a settlement agreement

  3. Steel Co. v. Citizens for Better Env't

    523 U.S. 83 (1998)   Cited 10,829 times   15 Legal Analyses
    Holding that a court "act ultra vires" when it assumes "hypothetical jurisdiction" in order to rule on the merits

  4. Lujan v. National Wildlife Federation

    497 U.S. 871 (1990)   Cited 9,576 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

  5. Summers v. Earth Island Inst.

    555 U.S. 488 (2009)   Cited 3,022 times   12 Legal Analyses
    Holding that supplementation of the district court record to receive affidavits from the organization's members was not permitted "in the circumstances here: after the trial is over, judgment has been entered, and a notice of appeal has been filed"

  6. Warth v. Seldin

    422 U.S. 490 (1975)   Cited 11,929 times   14 Legal Analyses
    Holding that Article III requires plaintiffs "to establish that, in fact, the asserted injury was the consequence of the defendants' actions"

  7. Valley Forge College v. Americans United

    454 U.S. 464 (1982)   Cited 4,983 times   4 Legal Analyses
    Holding that "the psychological consequence presumably produced by observation of conduct with which one disagrees ... is not an injury sufficient to confer standing under Art. III, even though the disagreement is phrased in constitutional terms"

  8. Davis v. Fed. Election Comm'n

    554 U.S. 724 (2008)   Cited 1,239 times   6 Legal Analyses
    Holding that there was a reasonable expectation that a congressional candidate would be subject to a federal campaign finance law in the future when he "made a public statement expressing his intent" to run for the seat in the future

  9. 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

  10. FW/PBS, Inc. v. City of Dallas

    493 U.S. 215 (1990)   Cited 2,377 times   2 Legal Analyses
    Holding that the burden is on the plaintiff to allege facts sufficient to establish jurisdiction (quoting McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189 (1936))

  11. 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 348,416 times   930 Legal Analyses
    Granting the court discretion to exclude matters outside the pleadings presented to the court in defense of a motion to dismiss

  12. Section 4321 - Congressional declaration of purpose

    42 U.S.C. § 4321   Cited 3,502 times   30 Legal Analyses
    Describing the purposes of NEPA as including "encourag[ing] productive and enjoyable harmony between man and his environment"

  13. Section 22 - Lands open to purchase by citizens

    30 U.S.C. § 22   Cited 237 times

    Except as otherwise provided, all valuable mineral deposits in lands belonging to the United States, both surveyed and unsurveyed, shall be free and open to exploration and purchase, and the lands in which they are found to occupation and purchase, by citizens of the United States and those who have declared their intention to become such, under regulations prescribed by law, and according to the local customs or rules of miners in the several mining districts, so far as the same are applicable and

  14. Section 1732 - Management of use, occupancy, and development of public lands

    43 U.S.C. § 1732   Cited 178 times   2 Legal Analyses
    Governing habitat management plans created by the Bureau of Land Management

  15. Section 1712 - Land use plans

    43 U.S.C. § 1712   Cited 142 times   1 Legal Analyses
    Granting BLM authority to issue land management plans

  16. Section 26 - Locators' rights of possession and enjoyment

    30 U.S.C. § 26   Cited 127 times
    Granting rights of possession and enjoyment to locators who "comply with the laws of the United States, and with State , territorial, and local regulations not in conflict with the laws of the United States governing their possessory title "

  17. Section 1702 - Definitions

    43 U.S.C. § 1702   Cited 100 times   1 Legal Analyses
    Defining rights-of-way to include permits

  18. 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”

  19. Section 529 - Authorization of development and administration consideration to relative values of resources; areas of wilderness

    16 U.S.C. § 529   Cited 36 times
    Requiring “due consideration” of “the relative values of the various resources”

  20. Section 1503.4 - Response to comments

    40 C.F.R. § 1503.4   Cited 88 times
    Requiring agencies, when preparing an EIS, to respond to comments by explaining in the EIS why the comments do not warrant further agency response and by citing the authorities or reasons that support the agency's position

  21. Section 228.4 - Plan of operations-notice of intent-requirements

    36 C.F.R. § 228.4   Cited 60 times   1 Legal Analyses
    Requiring plan of operations to the Forest Service

  22. Section 4.410 - Who may appeal

    43 C.F.R. § 4.410   Cited 29 times
    Withdrawing IBLA authority if “a decision has been approved by the Secretary”

  23. Section 4.451-1 - How initiated

    43 C.F.R. § 4.451-1   Cited 13 times

    The Government may initiate contests for any cause affecting the legality or validity of any entry or settlement or mining claim. 43 C.F.R. § 4.451-1

  24. Section 3809.11 - When do I have to submit a plan of operations?

    43 C.F.R. § 3809.11   Cited 9 times
    Requiring plan of operations to the BLM

  25. Section 1610.5-4 - Maintenance

    43 C.F.R. § 1610.5-4   Cited 7 times

    Resource management plans and supporting components shall be maintained as necessary to reflect minor changes in data. Such maintenance is limited to further refining or documenting a previously approved decision incorporated in the plan. Maintenance shall not result in expansion in the scope of resource uses or restrictions, or change the terms, conditions, and decisions of the approved plan. Maintenance is not considered a plan amendment and shall not require the formal public involvement and interagency

  26. 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

  27. Section 3832.1 - What does it mean to locate mining claims or sites?

    43 C.F.R. § 3832.1   Cited 4 times

    (a) Locating a mining claim or site means: (1) Establishing the exterior lines of a mining claim or site on lands open to mineral entry to identify the exact land claimed; and (2) Recording a notice or certificate of location as required by state and Federal law and by this part. (b) You will find- (1) Location requirements in this part; (2) Recording requirements in part 3833 of this chapter; (3) Requirements for transferring an interest in a mining claim or site in § 3833.30 of this chapter; and

  28. Section 2310.5 - Special action on emergency withdrawals

    43 C.F.R. § 2310.5   Cited 2 times

    (a) When the Secretary makes an emergency withdrawal under Section 204(e) of the Act (43 U.S.C. 1714(e) ), the withdrawal will be made immediately and will be limited in scope and duration to the emergency. An emergency withdrawal will be effective when signed, will not exceed 3 years in duration, and may not be extended by the Secretary. If it is determined that the lands involved in an emergency withdrawal should continue to be withdrawn, a withdrawal application should be submitted to the Bureau

  29. Section 3809.300 - Does this subpart apply to my existing notice-level operations?

    43 C.F.R. § 3809.300   Cited 1 times

    To see how this subpart applies to your operations conducted under a notice and existing on January 20, 2001, follow this table: If BLM has received your complete notice before January 20, 2001- Then- (a) You are the operator identified in the notice on file with BLM on January 20, 2001 You may conduct operations for 2 years after January 20, 2001 under the terms of your existing notice and the regulations in effect immediately before that date. (See 43 CFR parts 1000-end, revised as of Oct. 1, 1999