Elliot v. Volpe’s Empirical Analysis

1971

Citation profile

cited by 23 later decisions

states following

July 1987

most recently cited

8 federal appellate · 5 district · 1 state decisions

Relationships

Applies 23 U.S.C. § 128 · 42 U.S.C. § 4321 (§ 2 of the National Environmental Policy Act of 1969) · 42 U.S.C. § 4332 (§ 102 of the National Environmental Policy Act of 1969) · 42 U.S.C. § 4371 (Environmental Quality Improvement Act of 1970) · 5 U.S.C. § 701

Relies on Larson v. Domestic & Foreign Commerce Corp. · Ford Motor Co. v. Department of Treasury · Land US v. Dollar · Parden v. Terminal Railway of Alabama State Docks Department · In Re State of New York et al Petition of Walsh et al

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.

““Certainly the relief sought by the plaintiff is not ‘an intolerable burden’ on governmental functions if granted and would seem to fall within the well-established exception to the sovereign immunity doctrine relating to an allegation that government officials are exceeding their statutory powers. The court presently does not pass on the merits of this question but does believe that the merits should be considered and not be barred at this preliminary stage by the doctrine of sovereign immunity, giving due consideration also to the Administrative Procedure Act, 5 U.S.C. §§ 701-706 .” 10”
1 later decision quote this exact passage · from the majority
e.g. 329 F. Supp. 504 - CAPE MAY CTY. CHAP., INC., IZAAK WALTON LEAG. v. MacChia
“there must be found expression of the legislative will in terms so plain as to admit of no doubt that such was the intention.”
1 later decision quote this exact passage · from the majority
e.g. Constance DION, Plaintiff, Appellee, v. SECRETARY OF HEALTH AND HUMAN SERVICES, Defendant, Appellant

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.