Carabell’s Empirical Analysis

Citation profile

2 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. “We review the district court’s summary judgment order de novo. Where, as here, the district court’s order is based on its review of an administrative agency’s final decision, our review is gov erned by the Administrative Procedure Act (“APA”). The APA provides that a court shall set aside an agency’s decision only if it is “arbitrary, capricious, an abuse of discretion, or otherwise not in accordance with law.” 5 U.S.C. § 706 (2)(A). This standard of review is highly deferential, and the court is “not empowered to substitute its judgment for that of the agency.” Citizens to Preserve Overton Park v. Volpe, 401 U.S. 402, 416 , 91 S.Ct. 814 , 28 L.Ed.2d 136 (1971). An agency’s factual findings are conclusive if supported by substantial evidence, and an agency’s interpretation of its own regulations is entitled to substantial deference and will be upheld unless plainly erroneous or inconsistent with the regulatory text. 5 U.S.C. § 706 (2)(E).”

   2 later decisions quote this exact passage · from the majority
   e.g. Cherokee Forest Voices v. United States Forest Service · Northwest Bypass Group v. U.S. Army Corps of Engineers

2. “"Your parcel is primarily a forested wetland that provides valuable seasonal habitat for aquatic organisms and year round habitat for terrestrial organisms. Additionally, the site provides water storage functions that, if destroyed, could result in an increased risk of erosion and degradation of water quality in the Sutherland-Oemig Drain, Auvase Creek, and Lake St. Clair. The minimization of impacts to these wetlands is important for conservation and the overall ecology of the region. Because the project development area is a forested wetland, the proposed project would destroy the resources in such a manner that they would not soon recover from impacts of the discharges. The extent of impacts in the project area when considered both individually and cumulatively would be unacceptable and contrary to the public interest." Id., at 127a-128a.”

   1 later decision quote this exact passage · from the majority
   e.g. Rapanos v. United States

3. “[w]etlands separated from other waters of the United States by man-made dikes or barriers, natural river berms, beach dunes and the like are `adjacent wetlands.'”

   1 later decision quote this exact passage · from the majority
   e.g. Rapanos v. United States