Clouser v. Espy’s Empirical Analysis
42 F.3d 1522 · 1994
Citation profile
32 federal appellate · 15 district · 1 state decisions
How this case has been cited
Cited by 72 later decisions — most recently May 2022 · most notably Southern Utah Wilderness Alliance v. Bureau of Land Management (2005), Federal Lands Legal Consortium v. United States (1999)
32 federal appellate · 15 district · 1 state decisions
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Applies 16 U.S.C. § 1 (National Park Police Drug Enforcement Supplemental Authority Act) · 16 U.S.C. § 1134 · 16 U.S.C. § 1271 (Arkansas Wild and Scenic Rivers Act of 1992) · 16 U.S.C. § 478 · 16 U.S.C. § 551 (Wildfire Disaster Recovery Act of 1989) · 16 U.S.C. § 818 (§ 24 of the Federal Power Act of 1920) · 28 U.S.C. § 1346 (Federal Tort Claims Act) · 28 U.S.C. § 1491
Relies on Lujan v. National Wildlife Federation · Marsh v. Oregon Natural Resources Council · Larson v. Domestic & Foreign Commerce Corp. · Blanchette v. Connecticut General Insurance Corporations · Ruckelshaus v. Monsanto Co.
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 72 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“an appeal to 'superior agency authority' is a prerequisite to judicial review only when expressly required by statute or when an agency rule requires appeal before review and the administrative action is made inoperative pending that review.”
4 later decisions quote this exact passage · from the majority“[ T]here is no requirement of exhaustion where resort to the agency would be futile... .Where the agency’s position on the question at issue appears already set, and it is very likely what the result of recourse to the administrative remedies would be, such recourse would be futile and is not required.”
3 later decisions quote this exact passage · from the majority“a party challenges an agency action as violating a federal law ... that has been interpreted as conferring a private right of action, or where a particular regulatory scheme contains a specialized provision for obtaining judicial review of agency actions under the scheme....”
3 later decisions quote this exact passage · from the majority
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.