· 8/9/2011
Scherer v. United States Forest Service
Citations
- 653 F.3d 1241
- 41 Envtl. L. Rep. (Envtl. Law Inst.) 20259
- 2011 U.S. App. LEXIS 16362
- 2011 WL 3455821
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- noting, in the course of rejecting a facial challenge to a HIRA’s implementation plan, that an as-applied challenge might not suffer the same fate
- “The nature of a challenge depends on how the plaintiffs elect to proceed—whether they seek to vindicate their own rights based on their own circumstances (as-applied
- “To prevail in [a] facial challenge to an agency’s regulation, the plaintiff[] must show that there is ‘no set of circumstances’ in which the challenged regulation might be applied consistent with the agency’s statutory authority.”
Source: CourtListener parenthetical corpus (CC0).
Judges: Hartz, McKay, Gorsuch
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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