Buono v. Kempthorne’s Empirical Analysis
502 F.3d 1069 · 2007
Citation profile
2 federal appellate · 1 district ·
Appellate journey
Relationships
Applies 16 U.S.C. § 1 (National Park Police Drug Enforcement Supplemental Authority Act) · 16 U.S.C. § 2 · 16 U.S.C. § 3 · 16 U.S.C. § 410A · 16 U.S.C. § 431 · 16 U.S.C. § 460L (Federal Water Project Recreation Act)
Relies on Abbott Laboratories v. Gardner · Friends of the Earth Incorporateds v. Laidlaw Environmental Services Inc · Califano v. Sanders · Lynch v. Donnelly · Thomas v. Union Carbide Agricultural Products 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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“• NPS retains overall management and supervision of the Preserve. • NPS is responsible for “the supervision, management, and control” of national memorials. • The “five-foot-tall white cross” in the Mojave National Preserve is designated as a “national memorial.” • The transfer of land to the VFW is conditioned on the VFW’s maintenance of the conveyed property as a memorial to World War I veterans. • The Secretary must carry out its duties under § 8137, which provides $10,000 for NPS to acquire and install replicas of the original cross and plaque. • The property “shall revert” to government ownership if “it is no longer being maintained as a war memorial.””
1 later decision quote this exact passage · from the concurrencee.g. Buono v. Kempthorne“might have been able to address the problem” if raised). Even assuming no waiver, the district court acted within its broad equitable powers to enforce its prior injunction. See, e.g., Ellis v. City of La Mesa, 990 F.2d 1518 , 1530-31 (9th Cir.1993) (per curiam) (noting, in dispute over religious symbols on public land, that in light of changed circumstances of ownership of land (or a planned change in ownership), district court has broad equitable powers”
1 later decision quote this exact passage · from the concurrencee.g. Buono v. Kempthorne“(e) REVERSIONARY CLAUSE. — The conveyance under subsection (a) shall be subject to the condition that the recipient maintain the conveyed property as a memorial commemorating United States participation in World War I and honoring the American veterans of that war. If the Secretary determines that the conveyed property is no longer being maintained as a war memorial, the property shall revert to the ownership of the United States.”
1 later decision quote this exact passage · from the majoritye.g. Buono v. Kempthorne
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.