United States v. Carpenter’s Empirical Analysis
526 F.3d 1237 · 2008
Citation profile
8 federal appellate · 2 district ·
Relationships
Applies 16 U.S.C. § 1538 (§ 9 of the Endangered Species Act of 1973) · 28 U.S.C. § 2409A · 28 U.S.C. § 516 · 42 U.S.C. § 4332 (§ 102 of the National Environmental Policy Act of 1969) · 43 U.S.C. § 1701 (Federal Land Assistance, Management, and Enhancement Act of 2009) · 5 U.S.C. § 701 · 5 U.S.C. § 702
Relies on Citizens to Preserve Overton Park, Inc. v. Volpe · Local Number 93, International Ass'n of Firefighters v. City of Cleveland · Morris v. Gressette · Ness Investment Corp. v. United States Department of Agriculture, Forest Service · San Juan County v. United States
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 14 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“[P]lenary power means absolute authority to pursue legitimate objectives and does not include license to agree to settlement terms that would violate the civil laws governing the agency. We find the Fourth Circuit’s reasoning persuasive in this case. We agree with its statement that, we think it alien to our concept of law to allow the chief legal officer of the country to violate its laws under the cover of settling litigation. The Attorney General’s authority to settle litigation for its government clients stops at the walls of illegality.”
2 later decisions quote this exact passage · from the majority“The United States agreed that it would not contest that Elko County had a right of way to the road, but did not waive its authority to manage federal lands and natural resources in accordance with federal environmental laws. [Elko County] agreed that they would not do any work on the road without receiving prior approval from the Forest Service and that they would comply with federal environmental laws.”
2 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.