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← 232 FSUPP3D 1142 - Native Ecosystems Council v. Weldon

Native Ecosystems Council v. Weldon’s Empirical Analysis

2017

Citation profile

1
cited by 1 later decisions
August 2018
most recently cited

1 district ·

Relationships

Applies 16 U.S.C. § 1604 · 42 U.S.C. § 4332 (§ 102 of the National Environmental Policy Act of 1969) · 5 U.S.C. § 706

Relies on Motor Vehicle Manufacturers Association of United States Inc v. State Farm Mutual Automobile Insurance Company Consumer Alert · Marsh v. Oregon Natural Resources Council · Kleppe v. Sierra Club · Ohio Forestry Association Inc v. Sierra Club · Alliance for Wild Rockies v. Cottrell

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 1 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

  1. “ensures that the reviewing court affords sufficient deference to the agency's action. The APA gives an agency substantial discretion 'to rely on the reasonable opinions of its own qualified experts even if, as an original matter, a court might find contrary views more persuasive.' " San Luis & Delta-Mendota Water Auth. v. Locke , 776 F.3d 971 , 992 (9th Cir. 2014) (quoting Marsh v. Or. Natural Res. Council , 490 U.S. 360 , 378, 109 S.Ct. 1851 , 104 L.Ed.2d 377 (1989) ). "Extra-record declarations by scientists are of heightened concern as they implicate the deference due the agency and essentially lead to de novo review of the agency's action rather than the more deferential review required by the APA.”
    1 later decision quote this exact passage
  2. “(1) supplementation is necessary to determine if the agency has considered all factors and explained its decision; (2) the agency relied on documents not in the record; (3) supplementation is needed to explain technical terms or complex subjects; or (4) plaintiffs have shown bad faith on the part of the agency.”
    1 later decision quote this exact passage
  3. “which do not individually or cumulatively have a significant effect on the human environment.”
    1 later decision quote this exact passage

How this case has been treated — in progress

Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.