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Read naturally in the present context, the phrase “appropriate and necessary” requires at least some attention to cost. One would not say that it is even rational, never mind “appropriate,” to impose billions of dollars in economic costs in return for a few dollars in health or environmental benefits. In addition, “cos...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
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Using costs in the Transport Rule calculus, we agree with EPA, also makes good sense. Eliminating those amounts that can cost-effectively be reduced is an efficient and equitable solution to the allocation problem the Good Neighbor Provision requires the Agency to address. Efficient because EPA can achieve the levels o...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Respondents and the dissent argue that the mere fact that §1326(b) does not expressly authorize cost-benefit analysis for the BTA test, though it does so for two of the other tests, displays an intent to forbid its use. This surely proves too much. For while it is true that two of the other tests authorize cost-benefit...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Each time a species becomes extinct, the pool of wild species diminishes. This, in turn, has a substantial effect on interstate commerce by diminishing a natural resource that could otherwise be used for present and future commercial purposes. Unlike most other natural resources, however, the full value of the variety ...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Much of the EPA's analysis is correct, and the EPA's basic decision to use TSCA as a comprehensive statute designed to fight a multi-industry problem was a proper one that we uphold today on review. What concerns us, however, is the manner in which the EPA conducted some of its analysis. TSCA requires the EPA to consid...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
The plain meaning of the word 'feasible' supports respondents' interpretation of the statute. According to Webster's Third New International Dictionary of the English Language 831 (1976), 'feasible' means 'capable of being done, executed, or effected.' Accord, the Oxford English Dictionary 116 (1933) ('Capable of being...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
To evaluate whether use of a pesticide poses an “unreasonable risk to man or the environment,” the Administrator engages in a cost-benefit analysis that takes “into account the economic, social, and environmental costs and benefits of the use of any pesticide.” 7 U.S.C. s 136(bb). We have previously recognized that in ...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Other provisions in the Clean Water Act also suggest the Agency's interpretation. When Congress wished to mandate the greatest feasible reduction in water pollution, it did so in plain language: The provision governing the discharge of toxic pollutants into the Nation's waters requires the EPA to set “effluent limitati...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Suppose, for example, that the industries of upwind State A have expended considerable resources installing modern pollution-control devices on their plants. Factories in upwind State B, by contrast, continue to run old, dirty plants. *520 Yet, perhaps because State A is more populous and therefore generates a larger s...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
In the Phase II requirements challenged here the EPA sought only to avoid extreme disparities between costs and benefits. The agency limited variances from the Phase II “national performance standards” to circumstances where the costs are “significantly greater than the benefits” of compliance. 40 CFR § 125.94(a)(5)(ii...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
In sum, we hold that the CAA does not command that States be given a second **1610 opportunity to file a SIP after EPA has quantified the State's interstate pollution obligations. We further conclude that the Good Neighbor Provision does not require EPA to disregard costs and consider exclusively each upwind State's ph...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Statutory context reinforces the relevance of cost. The procedures governing power plants that we consider today appear in § 7412(n)(1), which bears the caption “Electric utility steam generating units.” In subparagraph (A), the part of the law that has occupied our attention so far, Congress required EPA to study the ...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Our reasoning so far establishes that it was unreasonable for EPA to read § 7412(n)(1)(A) to mean that cost is irrelevant to the initial decision to regulate power plants. The Agency must consider cost—including, most importantly, cost of compliance—before deciding whether regulation is appropriate and necessary. We ne...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Again on this issue as with the first, we need not decide whether EPA's reading is the only reading of this provision. Even if the statute does not compel EPA's approach, and even if EPA's reading is not the better reading, we conclude that it is still at least a reasonable reading given the various potential meanings ...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Upon an initial showing of product danger, the proper course for the EPA to follow is to consider each regulatory option, beginning with the least burdensome, and the costs and benefits of regulation under each option. The EPA cannot simply skip several rungs, as it did in this case, for in doing so, it may skip a less...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Of more concern to us is the failure of the EPA to compute the costs and benefits of its proposed rule past the year 2000, and its double-counting of the costs of asbestos use. In performing its calculus, the EPA only included the number of lives saved over the next thirteen years, and counted any additional lives save...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
The realities of interstate air pollution, however, are not so simple. Most upwind States contribute pollution to multiple downwind States in varying amounts. See 76 Fed.Reg. 48239–48246. See also Brief for Respondent Calpine Corp. et al. in Support of Petitioners 48–49 (offering examples). Suppose then that States X a...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
1
Other provisions explicitly permitted or required economic costs to be taken into account in implementing the air quality standards. Section 111(b)(1)(B), for example, commanded the Administrator to set “standards of performance” for certain new sources of emissions that as specified in § 111(a)(1) were to “reflec[t] t...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
0
The common law of finds generally assigns ownership of the abandoned property without regard to where the property is found. Two exceptions to the rule are recognized: First, when the abandoned property is embedded in the soil, it belongs to the owner of the soil; Second, when the owner of the land where the property i...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
0
We need not decide whether Chevron deference should attach. Riverkeeper contends it should not, given the informality of the agency's action. Namely, it points out that the Corps did not engage in notice and comment rulemaking when it invoked Section 404(t), but acted on the basis of a Memorandum of Record. See United ...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
0
We disagree with the district court’s conclusions regarding the APA claim. Because the Keeper has independent authority to determine the eligibility of properties and to add them to the National Register, the annulment of the state listing did not automatically void the national listing. Therefore, we reverse and reman...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
0
It is far from clear, moreover, that appellants' argument regarding the need for further proceedings before the Planning Board is correct even as a matter of Massachusetts law. The Supreme Judicial Court has noted that when a zoning board of appeals is shown to have erroneously interpreted applicable zoning law, and th...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
0
We recognize that there is evidence to suggest that the Boyd Theater is not as architecturally significant as the Designation Committee presented. There is also evidence from which a jury could infer that the Historical Commission was predisposed to designate the theater. This argument, however, focuses on whether ther...
The following paragraph is drawn from a judicial opinion. Please determine if economic reasoning is involved by listing 1(if it is present) or 0(if not present). Economic reasoning is defined as when considerations such balancing costs and benefits, analysis of costs, or use of cost-benefit analysis influence the opini...
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