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1 | In my view, this likely harm — 170,000 behavioral disturbances, including 8,000 instances of temporary hearing loss; and 564 Level A harms, including 436 injuries to a beaked whale population numbering only 1,121 — cannot be lightly dismissed, even in the face of an alleged risk to the effectiveness of the Navy’s 14 tr... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as personal autonomy, individual rights, and entrepreneurial freedom influence the opi... |
1 | In light of the likely, substantial harm to the environment, NRDC’s almost inevitable success on the merits of its claim that NEPA required the Navy to prepare an EIS, the history of this litigation, and the public interest, I cannot agree that the mitigation measures the District Court imposed signal an abuse of discr... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Respondents advance strong arguments that activities that cause minimal or unforeseeable harm will not violate the Act as construed in the “harm” regulation. Respondents, however, present a facial challenge to the regulation. Cf. Anderson v. Edwards, 514 U. S. 143, 155-156, n. 6 (1995); INS v. National Center for Immig... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Nor does the Act’s inclusion of the § 5 land acquisition authority and the § 7 directive to federal agencies to avoid destruction or adverse modification of critical habitat alter our conclusion. Respondents’ argument that the Government lacks any incentive to purchase land under §5 when it can simply prohibit takings ... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Our conclusion that the Secretary’s definition of “harm rests on a permissible construction of the ESA gains further support from the legislative history of the statute. The Committee Reports accompanying the bills that became the ESA do not specifically discuss the meaning of “harm,” but they make clear that Congress ... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Congress clearly did not intend that cost and disruption of the community were to be ignored by the Secretary.But the very existence of the statutes indicates that protection of parkland was to be given paramount importance. The few green havens that are public parks were not to be lost unless there were truly unusual ... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | So it should be as respects valleys, alpine meadows, rivers, lakes, estuaries, beaches, ridges, groves of trees, swampland, or even air that feels the destructive pressures of modern technology and modern life. The river, for example, is the living symbol of all the life it sustains or nourishes—fish, aquatic insects, ... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | The voice of the inanimate object, therefore, should not be stilled. That does not mean that the judiciary takes over the managerial functions from the federal agency. It merely means that before these priceless bits of Americana (such as a valley, an alpine meadow, a river, or a lake) are forever lost or are so transf... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Those who hike the Appalachian Trail into Sunfish Pond, New Jersey, and camp or sleep there, or run the Allagash in Maine, or climb the Guadalupes in West Texas, or who canoe and portage the Quetico Superior in Minnesota, certainly should have standing to defend those natural wonders before courts or agencies, though t... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | The critical question of ‘standing' would be simplified and also put neatly in focus if we fashioned a federal rule that allowed environmental issues to be litigated before federal agencies or federal courts in the name of the inanimate object about to be despoiled, defaced, or invaded by roads and bulldozers and where... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | In the 1960's, when the problems associated with the burgeoning development began to receive significant attention, jurisdiction over the Basin, which occupies 501 square miles, was shared by the States of California and Nevada, five counties, several municipalities, and the Forest Service of the Federal Government. In... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
0 | In summary, we reject the district court’s conclusion that the EPA’s determination is unreviewable. Nonetheless, we conclude, as did the district court in its alternative holding, that the EPA did not abuse its discretion or otherwise err in preventing Erdman from using agency time to give deposition testimony on Appel... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
0 | The study of the project has covered both many years and many thousands of pages of paper. The various statements, assessments, stipulations, and agreements establish a comprehensive, good faith, objective, and reasonable presentation of the subject areas as mandated by NEPA and the other statutes with which we are con... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
0 | Even assuming that this degree of federal financial involvement would not qualify as a major federal action, we think that, in view of the LEAA’s overall involvement in the promotion and planning of the Center, as well as the cumulative impact of the proposed federal action, the NEPA definition of “major federal action... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
0 | We expected to need a facility able to serve all golfers and expected an increase in facility use. The private clubhouse building would have to be modified in order to provide appropriate public access and sufficient men's and women’s locker rooms and showers, day use food and beverage facilities, a pro shop, and so fo... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
0 | This means that the district court afforded plaintiffs the wrong relief. Instead of enjoining all construction work on Third Street until the federal government has jumped through the hoops needed to fund a federal project, the district court should have enjoined Goshen from seeking or accepting federal reimbursement. ... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | I disagree. As an initial matter, I do not find it as easy as Justice Scalia does to dismiss the notion that significant impairment of breeding injures living creatures. To raze the last remaining ground on which the piping plover currently breeds, thereby making it impossible for any piping plovers to reproduce, would... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | In any event, even if impairing an animal’s ability to breed were not, in and of itself, an injury to that animal, interference with breeding can cause an animal to suffer other, perhaps more obvious, kinds of injury. The regulation has clear application, for example, to significant habitat modification that kills or p... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Unlike SWANCC and like Riverside Bayview, the cases before us today concern wetlands that are adjacent to “navigable bodies of water [or] their tributaries,” 474 U. S., at 123. Specifically, these wetlands abut tributaries of traditionally navigable waters. As we recognized in Riverside Bayview, the Corps has concluded... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Lake Tahoe's exceptional clarity is attributed to the absence of algae that obscures the waters of most other lakes. Historically, the lack of nitrogen and phosphorous, which nourish the growth of algae, has ensured the transparency of its waters. Unfortunately, the lake's pristine state has deteriorated rapidly over t... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | First, I agree with Judge Wald that biodiversity is important to our understanding of ESA and its relation to interstate commerce. As Judge Wald's opinion notes: Every species is part of an ecosystem, an expert specialist of its kind, tested relentlessly as it spreads its influence through the food web. To remove it is... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Perhaps the strongest statements about interconnectedness come from scientists, scholars, and regulators working in the field of conservation biology who are critical of the species-by-species, reaction-to-crisis approach taken by the Endangered Species Act. They understand that species protection issues cannot be sepa... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Second, the broad purpose of the ESA supports the Secretary's decision to extend protection against activities that cause the precise harms Congress enacted the statute to avoid. In TVA v. Hill, 437 U. S. 153 (1978), we described the Act as 'the most comprehensive legislation for the preservation of endangered species ... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | Faced with such a problem of defining the bounds of its regulatory authority, an agency may appropriately look to the legislative history and underlying policies of its statutory grants of authority. Neither of these sources provides unambiguous guidance for the Corps in this case, but together they do support the reas... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
1 | As it was finally passed, the Endangered Species Act of 1973 represented the most comprehensive legislation for the preservation of endangered species ever enacted by any nation. Its stated purposes were ‘to provide a means whereby the ecosystems upon which endangered species and threatened species depend may be conser... | The following paragraph is drawn from a judicial opinion. Please determine if ecological reasoning is involved by listing 1(if it is present) or 0(if not present). Ecological reasoning is defined as when considerations such as the value of non-human life, species, ecosystems, parks, wildlands, wilderness influence the ... |
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