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· 6/5/2009

Montanans for Multiple Use v. Barbouletos

Citations

  • 568 F.3d 225
  • 386 U.S. App. D.C. 193
  • 39 Envtl. L. Rep. (Envtl. Law Inst.) 20124
  • 2009 U.S. App. LEXIS 12151
  • 2009 WL 1564537

How courts have described this case

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

  • explaining that “threshold requirement for a § 706 failure-to-act claim” under the APA is “a legally required, discrete act that the [defendant] failed to perform”
  • stating that a plaintiff must “identify a legally required, discrete act that the [agency] has failed to perform” as a “threshold requirement for a § 706 failure-to-act claim”
  • affirming district court’s dismissal for lack of subject-matter jurisdiction plaintiffs’ claim seeking ownership of certain roads because plaintiffs did not assert a cause of action under the QTA
  • To prevail on a claim of agency inaction under the APA, Plaintiffs must “identify a legally required, discrete act that [the agency] has failed to perform.”
  • To prevail on a claim of agency inaction under the APA, Plaintiffs must “identify a legally required, discrete act that [the agency] has failed to perform.”
  • To prevail on a claim of agency inaction under the APA, Plaintiffs must “identify a legally required, discrete act that [the agency] has failed to perform.”

Source: CourtListener parenthetical corpus (CC0).

Judges: Ginsburg, Kavanaugh, Williams

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.