green
Positive treatment
Quoted verbatim 3×
17.3 score
G Cite
cited 2× by 2 distinct cases, last quoted 1999 ·
…consideration of costs ... would be flatly inconsistent with the statute, legislative history and case law on this point
at p. 973
⚠ not in text
Treatment trajectory · 1990 → 2026 · click a year to view as-of
1990
2008
2026
Top citers, strongest first. 13 distinct citers.
How cited ↗
examined
Cited as authority (verbatim quote)
American Trucking Associations, Inc. v. United States Environmental Protection Agency
(7×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
consideration of costs ... would be flatly inconsistent with the statute, legislative history and case law on this point
examined
Cited as authority (verbatim quote)
American Trucking Associations, Inc. v. United States Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors. American Trucking Associations, Inc. v. United States Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors
(7×)
also: Cited as authority (rule), Cited "see", Cited "see, e.g."
consideration of costs ... would be flatly inconsistent with the statute, legislative history and case law on this point
discussed
Cited as authority (quoted)
Council For Urological Interes v. Sylvia Mathews Burwell
it hardly bears noting that discretion cannot include the power to rewrite a statute and reshape a policy judgment congress itself has made.
examined
Cited as authority (rule)
Am. Forest Resource Council v. Hall
(5×)
In addition, the case discussed section 109(d), which provides as follows: Not later than December 31, 1980, and at five-year intervals thereafter, the Administrator shall complete a thorough review of the criteria published under section 7408 of this title and the national ambient air quality standards promulgated under this section and shall make such revisions in such criteria and standards and promulgate such new standards as may be appropriate in accordance with section 7408 of this title and subsection (b) of this section. 902 F.2d at 980-81.
discussed
Cited as authority (rule)
Amer Trk Assn Inc v. EPA
Council, Inc., 902 F.2d at 974 (declining to require EPA "to explain the risk it considered tolerable" in setting the challenged NAAQS "because of the uncertainty of the data upon which the Administrator needed to rest his assessment").
discussed
Cited as authority (rule)
American Trucking Associations, Inc. v. Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors. American Trucking Associations, Inc. v. Environmental Protection Agency, Commonwealth of Massachusetts, Intervenors
Council, Inc., 902 F.2d at 974 (declining to require EPA "to explain the risk it considered tolerable" in setting the challenged NAAQS "because of the uncertainty of the data upon which the Administrator needed to rest his assessment").
discussed
Cited as authority (rule)
Amer Trk Assn Inc v. EPA
Council, Inc., 902 F.2d at 974 (declining to require EPA "to explain the risk it considered tolerable" in setting the challenged NAAQS "because of the uncertainty of the data upon which the Administrator needed to rest his assessment").
discussed
Cited as authority (rule)
American Trucking Associations, Inc. v. Environmental Protection Agency
Council, Inc., 902 F.2d at 974 (declining to require EPA “to explain the risk it considered tolerable” in setting the challenged NAAQS “because of the uncertainty of the data upon which the Administrator needed to rest his assessment”).
discussed
Cited as authority (rule)
Coalition for Sustainable Resources, Inc. v. United States Forest Service
(2×)
also: Cited "see, e.g."
See, e.g., Sierra Club v. Thomas, 828 F.2d 783, 793-94 (D.C.Cir.1987); cf. Forest Guardians v. Babbitt, 174 F.3d 1178, 1190 (10th Cir.1999) (stating that under the Endangered Species Act, “if an agency has no concrete deadline establishing a date by which it must act, and instead is governed only by general timing provisions ... a court must compel only action that is delayed unreasonably.”); NRDC, 902 F.2d at 983-84 (opinion of Wald, C.J.) (stating that circumstantial “contextual or historical evidence,” such as silence throughout an entire rulemaking cycle, may indicate that an agenc…
cited
Cited "see"
Fryshman v. United States Commission for the Preservation of America's
See NRDC v. EPA, 902 F.2d 962 , 975–76 (D.C.
cited
Cited "see, e.g."
Brooke E. Whiting v. Porter/novelli
See Patterson v. McLean Credit Union, 491 U.S. 164, 185-86 (1989); see also Byrd v. Pyle, 728 F.Supp. 1, 2-3 (D.D.C.1989) (dictum), vacated on other grounds, 902 F.2d 962 (D.C.Cir.1990).
discussed
Cited "see, e.g."
Natural Resources Defense Council, Inc. v. United States Environmental Protection Agency
The court therefore adopted the following procedure: 1) persons seeking revision must petition EPA to revise the standard in question, together with supporting materials or references to supporting materials; 2) EPA must respond to the petition and, if it denies it, set forth its reasons; and 3) if the petition is denied, petitioner may seek review. 13 Id.; see also NRDC, Inc. v. Administrator, USEPA, 902 F.2d 962 , 988 (D.C.Cir.1990) (Wald, C.J.) (ordering EPA to provide court within 60 days with “clear and cogent reasons” why it had not acted for 10 years past statutory deadline for revi…
Retrieving the full opinion text from the archive…
Janice BYRD, Appellant,
v.
Cassandra A. PYLE, Executrix, Et Al.
v.
Cassandra A. PYLE, Executrix, Et Al.
89-7225.
Court of Appeals for the D.C. Circuit.
Jun 18, 1990.
ORDER
PER CURIAM.Upon consideration of appellant’s motion to vacate and to remand the case to the District Court, it is
ORDERED that the motion is granted and this case is remanded to the District Court with instructions to vacate the judgment and to dismiss the complaint with prejudice. See U.S. v. Munsingwear, 340 U.S. 36, 39, 71 S.Ct. 104, 106, 95 L.Ed. 36 (1950).
It is FURTHER ORDERED that the Clerk transmit a certified copy of this order to the District Court in lieu of formal mandate.