Federal Case

How courts have described this case

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

• explaining that the Step-Saver factors are a “distillation” of the factors relevant to the ripeness inquiry more broadly
• finding challenge to preempted administrative process ripe where subjecting plaintiff to it would affect whether and how plaintiff proceeded with significant construction project
• stating that a facial challenge arises when a defendant challenges “a complaint for failure to allege subject matter jurisdiction[,]” while a factual challenge “contend[s] that the court in fact lacks subject matter jurisdiction, no matter what the complaint alleges”
• finding interests of state environmental hearing board adverse to those of permit applicant who claimed state process was preempted by federal law
• stating that we must accept a complaint’s allegations as true
• finding the parties’ interests to be adverse where plaintiff objected to the state’s review process and the state had “not disclaimed a right” to continue with the review process

Source: CourtListener parenthetical corpus (CC0).