1. § 10.1 Judicial Remedies
Part I

2. Basic Requirements Court must have jurisdiction
Plaintiff must state a recognized cause of action and seek a recognized remedy
This is the rub in most of the environmental cases - what is the plaintiff's interest?
Must be a real case and controversy
Supreme Court does not give advisory opinions
States often do

3. Explicit statutory review provisions in the enabling act
Should review be by trial courts or appeals courts?
What do what best?
Which courts usually get rules and final orders?
Why?
What usually goes to the trial (district courts?

4. No explicit statutory review in the enabling act

5. 28 USC 1361
Gives district courts jurisdiction over mandamus to require an officer or employee of the US or an agency to perform a duty owed the plaintiff

6. 28 USC 1343
Jurisdiction to hear cases under 42 USC 1983 and other civil rights statutes (mostly about state officials)

7. 28 USC 1331
Actions arising under federal law, constitution, treaties, etc.
Gets most federal agency actions
Plaintiff can sue where the defendant resides, the cause of action arose, or the plaintiff resides, unless real property is involved
Once 1331 is invoked, the APA controls
No $10,000 minimum for jurisdiction for agency law or federal questions in general

8. Sovereign Immunity
What is sovereign immunity?
Where did it come from?
Why have it?

9. Federal Sovereign Immunity
In 1976 the feds abolished federal sovereign immunity for actions other than money damages
Money damages come under the Federal Tort Claims Act (FTCA)

10. Louisiana
LA abolished all sovereign immunity in the 1974 constitution
What does this mean for state agency actions?
Still has discretionary authority defense, but it is hard to figure out what it all means in LA