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· 5/30/2012

Ctr for Biological Diversity v. Ken Salazar

Citations

  • 683 F.3d 158

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that, after Arbaugh, the administrative hearing requirement in the Outer Continental Shelf Lands Act, 43 U.S.C. § 1349(c)(3)(A), is nonjurisdictional
  • finding aesthetic and recreational injuries “fairly traceable” to the agency’s approvals of various plans to begin construction on drilling (citation omitted)
  • finding a provision stating that “judicial review . . . shall be available only” to certain persons “focuses on individual litigants” and is not jurisdictional
  • utilizing Arbaugh analysis in concluding that 43 U.S.C. § 1349(c)(3)(A) is nonjurisdictional
  • noting jurisdictional prescriptions delineating a class of cases implicates subject-matter jurisdiction
  • “Because neither the claims nor the relief require individualized proof, they are thus properly resolved in a group context” (quotations omitted, cleaned up)

Source: CourtListener parenthetical corpus (CC0).

Judges: Higginbotham, Dennis, Prado

Read full opinion on CourtListener

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.