James Kleissler’s Empirical Analysis

Citation profile

14 district ·

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 23 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “[M]ust be so similar that the district court can ascertain that the agency was on notice of, and had an opportunity to consider and decide, the same claims now raised in federal court.”

   4 later decisions quote this exact passage · from the majority
   e.g. Schreiber v. McCament · Jarita Mesa Livestock Grazing Ass'n v. United States Forest Service

2. “(a) It is the appellant’s responsibility to provide sufficient project- or activi ty — specific evidence and rationale, focusing on the decision, to show why the Responsible Official’s decision should be reversed (paragraph (b)(6— 9)). (b) The appeal must be filed with the Appeal Deciding Officer § 215.8 in writing. At a minimum, an appeal must include the following: (5) Any specific change(s) in the decision that the appellant seeks and rationale for those changes; (6) Any portion(s) of the decision with which the appellant disagrees, and explanation for the disagreement; (7) Why the appellant believes the Responsible Official’s decision failed to consider the substantive comments; and (8) How the appellant believes the decision specifically violates law, regulation, or policy.”

   1 later decision quote this exact passage · from the majority
   e.g. Jarita Mesa Livestock Grazing Ass'n v. United States Forest Service

3. “(4) identify the specific changes in the decision that the appellant seeks or portion of the decision to which the appellant objects; (5) state how the Responsible Official’s decision fails to consider comments previously provided, either before or during the comment period specified in § 215.6 and, if applicable, how the appellant believes the decision violates law, regulation, or policy.”

   1 later decision quote this exact passage · from the majority
   e.g. 114 F. Supp. 2d 288 - Friends of the Earth v. US Forest Service