· 7/13/2023
Brian Kristofer Collins v. the State of Texas
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting that NPS denial of a plan of operations or blockage of access to the plaintiffs site of operations “might” constitute final agency action
- refusing to reach question whether a regulation was legally valid because the plaintiff subject to or affected by it failed to bring suit in time
- “[T]he United States is immune from suit unless it consents, and the terms of its consent circumscribe our jurisdiction.”
- “The applicable statute of limitations is one such term of consent, and failure to sue the United States within the limitations period is not merely a waivable defense. It operates to deprive federal courts of jurisdiction.”
- plaintiff could not facially challenge a regulation because it had been published outside the limitations period, whereas an “as applied” challenge would not be time-barred so long as the agency had applied the regulation to the plaintiff within the statutory period
Source: CourtListener parenthetical corpus (CC0).
Sourced from CourtListener / Free Law Project (CC0).
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.