Legal Opinion
N. Am. Butterfly Ass'n v. Nielsen
Court of Appeals for the D.C. Circuit
Decided February 14, 2019No. Civil Case No. 17-2651 (RJL)PublishedCited by 2 opinions
1Opinion of the Court
Accordingly, plaintiff's Fifth Amendment claim, as alleged in the Amended Complaint, also must be dismissed. See, e.g., Sierra Club v. Jackson, 648 F.3d 848, 853 (D.C. Cir. 2011) (certain justiciability questions should be addressed under Rule 12(b)(6) ); Matthew A. Goldstein, PLLC v. U.S. Dep't of State, 153 F.Supp.3d 319, 331 n.9 (D.D.C. 2016) (matters of prudential ripeness may be properly resolved under Rule 12(b)(6), rather than Rule 12(b)(1) ), aff'd, 851 F.3d 1 (D.C. Cir. 2017).
II. Statutory Claims
It is undisputed that the DHS Secretary's October 2018 Waiver Determination, if validly…
2Cases cited14 opinions
- Kontrick v. RyanSupreme Court of the United States · 2004
- Trudeau v. Federal Trade CommissionCourt of Appeals for the D.C. Circuit · 2006
- Sierra Club v. JacksonCourt of Appeals for the D.C. Circuit · 2011
- Robert Robbins v. Ronald Reagan Robert Robbins v. Ronald ReaganCourt of Appeals for the D.C. Circuit · 1985
- Jacqueline A. Tommas Griffith v. Federal Labor Relations AuthorityCourt of Appeals for the D.C. Circuit · 1988
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3Cited by2 opinions
- North American Butterfly Association v. Chad F. WolfCourt of Appeals for the D.C. Circuit · 2020
- Mohammad Hilmi Nassif & Partners v. Republic of IraqDistrict Court, District of Columbia · 2020