OSI, Inc. v. United States

How courts have described this case

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

• holding that “an agency manual which provides only objectives and principles for a government agent to follow does not create a mandatory directive”
• holding that “since the government has asserted lack of subject matter jurisdiction, OSI must prove that the discretionary function exception does not apply to the disposal of the landfill material”
• explaining that plaintiff bore the burden of proving that the discretionary function exception did not apply
• Military’s disposal of waste on a base “weigh[s] environmental policies against security and military concerns”
• “In the face of a factual challenge to subject matter jurisdiction, the burden is on the plaintiff to prove that jurisdiction exists.”
• “The nature of the military’s function requires that it be free to weigh environmental policies against security and military concerns”

Source: CourtListener parenthetical corpus (CC0).