Legal Opinion
Center for Biological Diversity v. Sam Hamilton
Court of Appeals for the Eleventh Circuit
Decided June 28, 2006No. 05-15851PublishedCited by 89 opinions
1Per curiam
The Center for Biological Diversity appeals the dismissal of its complaint as untimely under the six-year statute of limitations for suits against the United States. See 28 U.S.C. § 2401(a). This appeal raises an issue of first impression for the Courts of Appeals: whether the failure of the Secretary of the Department of the Interior to perform the nondiscretionary duty to designate a critical habitat for a threatened species is a continuing violation that permits a plaintiff to file suit more than six years after the deadline to perform that duty has passed. Because we conclude that the…
2Cases cited16 opinions
- National Railroad Passenger Corporation v. MorganSupreme Court of the United States · 2002
- United States v. SherwoodSupreme Court of the United States · 1941
- Toussie v. United StatesSupreme Court of the United States · 1970
- Soriano v. United StatesSupreme Court of the United States · 1957
- Hipp v. Liberty National Life InsuranceCourt of Appeals for the Eleventh Circuit · 2001
11 more not listed; retrieve them via the Exa API.
3Cited by89 opinions
- John R. Sand & Gravel Co. v. United StatesSupreme Court of the United States · 2008
- United States Steel Corp. v. AstrueCourt of Appeals for the Eleventh Circuit · 2007
- United States Ex Rel. Hunt v. Cochise Consultancy, Inc.Court of Appeals for the Eleventh Circuit · 2018
- Black Warrior Riverkeeper, Inc. v. U.S. Army Corps of EngineersCourt of Appeals for the Eleventh Circuit · 2015
- National Parks & Conservation Ass'n v. Tennessee Valley AuthorityCourt of Appeals for the Eleventh Circuit · 2007
84 more not listed; retrieve them via the Exa API.