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1 | OPINION
Before VAN OOSTERHOUT, BROWNING and SNEED, Circuit Judges.
SNEED, Circuit Judge:
This is an appeal from an action which sought a declaratory judgment that certain coal leases entered into between Westmoreland Resources and the Crow Tribe of Indians and approved by the Bureau of Indian Affairs (BIA) of the Depar... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
O’SCANNLAIN, Circuit Judge:
We must decide, among other things, whether the City of Colton, California, can recover response costs under the Comprehensive Environmental Response, Compensation, and Liability Act allegedly incurred as a result of perchlorate contamination in its water supply.
I
A
The Comprehensiv... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ENGEL, Senior Circuit Judge.
This is an appeal by the State of Michigan from the entry of a consent decree between the United States Environmental Protection Agency (“EPA”) and twelve defendants pursuant to the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), as amended by the S... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | WELLFORD, Senior Circuit Judge,
concurring:
I am in accord with Judge Engel’s thorough statutory review in part I, which sets out the background of the law relating to hazardous waste sites and the particular site in this case. Judge Engel has also carefully recited the pertinent facts of this case in part II, includin... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | EN BANC OPINION
LYNCH, Circuit Judge.
The en banc court has convened to consider a series of issues concerning the relative powers of the federal Secretary of the Interior, the State of Rhode Island, and the Narragansett Tribe over a parcel of land taken into trust and designated for Indian housing. The case is in many... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HOWARD, Circuit Judge,
dissenting.
Respectfully, I disagree with the majority’s analysis of the Settlement Act. In my view, the majority opinion disregards Congress’s (and the parties’) purpose in passing the Settlement Act and is inconsistent with our own recent interpretation of the Settlement Act. See Narragansett I... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SELYA, Senior Circuit Judge,
dissenting.
I am in complete agreement with Judge Howard’s cogent and articulate dissent, and I join it unreservedly. Nevertheless, I write separately to express my regret that, in taking far too narrow a view of the Settlement Act, the majority gives short shrift not only to the interests ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BALDOCK, Circuit Judge.
Plaintiffs Lodge Tower Condominium Association and the Town of Vail, Colorado appeal a district court order rejecting their administrative challenges to a decision by the United States Forest Service to exchange federal land located in Vail for private land located in a wilderness area. We exerc... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
PER CURIAM:
All three of these appeals arise from challenges to the April 13, 1994 decision by the Secretaries of Agriculture and Interior to approve a plan to manage federal land with spotted owl habitat in the Pacific Northwest.
I.
In appeals nos. 95-35052 and 95-35214, Native Forest Council, Forest Conservat... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | DIANE P. WOOD, Circuit Judge.
Although this environmental case has been pending since 1989, during most of its life it has languished in the court. In the meantime, not surprisingly, the conditions about which the citizen plaintiffs originally complained have changed, perhaps substantially. It began when the Atlantic S... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | MANION, Circuit Judge,
concurring in part and dissenting in part.
Although I agree that the dismissal of Atlantic’s claims with respect to WDNR outfall 1 should be affirmed, I do not concur with the court’s reversal of the district court’s dismissal of claims with respect to outfall 3. In my opinion the court reads the... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | MERRITT, Circuit Judge.
This is an environmental case concerning “wetlands” and the jurisdiction of the United States Army Corps of Engineers over them. The government claims that defendants, Riverside Bayview Homes, Inc., and Allied Aggregate Transportation Company, violated section 301(a) of the Federal Water Polluti... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | On Rehearing
No member of the Court having moved for en banc consideration of this case and the panel being of the view that reconsideration is not warranted, the government’s petition, as supported by amicus curiae organizations, is hereby denied.
By an unusual construction of the words “navigable waters” in the Clean... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SELYA, Circuit Judge.
This litigation has its genesis in a waste management scheme devised by the town fathers of Houlton, Maine (the Town). The appellants claim that Houlton’s plan — • under which the Town by contract designated a single firm as the exclusive hauler of residential waste within its borders, and enacted... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | Affirmed in part, vacated in part, and remanded for further proceedings by published opinion. Judge NIEMEYER wrote the opinion, in which Judge KING joined. Judge MICHAEL wrote an opinion dissenting in part and concurring in part.
OPINION
NIEMEYER, Circuit Judge:
After purchasing a 32-acre parcel of land in Anne Arundel... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | MICHAEL, Circuit Judge,
dissenting in part and concurring in part:
In a four-day trial that was fair to both sides, the defendants successfully defended the case Crofton asserted against them, which included a CERCLA claim that they dumped drums contaminated with TCE on a parcel of land in Anne Arundel County, Maryland... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ORDER
The Secretary and other appellees have requested us to dissolve the district court’s injunction preventing the Secretary of the Interior and the Director of the Minerals Management Service from conducting Lease Sale 92. Tribal Village of Akutan v. Hodel, Nos. A85-701, J85-037, J85-038 (D.Alaska Mar. 15, 1988) (in... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | JON 0. NEWMAN, Chief Judge:
This case is before the Court upon the petition of Ciba-Geigy Corporation and Hercules Incorporated (collectively “Ciba”), the current and past operators of a hazardous waste site in Glen Falls, New York, for review of a Memorandum of Agreement between the Environmental Protection Agency and... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BEA, Circuit Judge:
On July 15, 2003, the Estom Yumeka Maidu Tribe of the Enterprise Rancheria ("Enterprise") asked the Bureau of Indian Affairs (the "BIA"), a part of the United States Department of the Interior, to take a parcel of land into trust for them so that Enterprise could build a casino and hotel complex. In... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
SLOVITER, Circuit Judge.
On motion of Wheeling-Pittsburgh Steel Corporation (Wheeling) and over the objection of the United States Evironmental Protection Agency (EPA), the district court amended a consent decree which required Wheeling to install pollution control equipment at a Follansbee, West V... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | E. GRADY JOLLY, Circuit Judge:
The petitioners in this case seek review of a final rule promulgated by the Environmental Protection Agency (“EPA”). Because potentially important information bearing on the factual basis for the rule has come to light after the rule’s promulgation, because in this close case that informa... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
ALITO, Circuit Judge:
Frank Conroy operated and, through another corporation, owned a printing company. After the company ceased doing business, drums and canisters of hazardous waste were found on the premises. The Commonwealth of Pennsylvania Department of Environmental Resources (DER) ordered Co... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
M. SMITH, Circuit Judge:
In this appeal, we address the requirement under Section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration’s National Mar... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | PER CURIAM:
This is an appeal from an order of Hon. John F. Dooling, Jr., United States District Judge for the Eastern District of New York, denying a motion by the plaintiffs for a preliminary injunction pending the completion and implementation of an Environmental Impact Statement (EIS) pursuant to the National Envir... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
CYNTHIA HOLCOMB HALL, Circuit Judge:.
On June 26, 1991, Greenpeace Action (“Greenpeace”) filed a complaint against the Secretary of Commerce (the “Secretary”) alleging violations of the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321-4370d, and section 7(a)(2) of the Endangered Species Act (“ESA”)... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | WILSON, Circuit Judge:
This appeal concerns the actions and decisions of the Federal Highway Administration (“FHWA”) and the Secretary of the Florida Department of Transportation (“FDOT”) during the planning and development of the Indian Street Bridge Project in Martin County, Florida. Appellants Odias Smith, Katie Smi... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BREITENSTEIN, Circuit Judge.
Seventeen members of the Navajo Tribe of Indians seek to enjoin the performance of an agreement whereby the Navajo Tribe granted to intervenor Exxon Corporation the right to explore for, and mine, uranium on tribal lands. Defendant Secretary of the Interior approved the agreement. Plaintiff... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | KEARSE, Circuit Judge:
Defendant Robert H. Hopkins appeals from a judgment entered in the United States District Court for the District of Connecticut following a jury trial before Ellen Bree Burns, Judge, convicting him on one count of falsifying, tampering with, or rendering inaccurate a monitoring device or method r... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | KATZMANN, Circuit Judge.
The New York City Empowerment Zone was created pursuant to a Congressional act and was awarded $100 million in federal block grants to foster the revitalization of economically distressed areas. This case raises an issue of first impression: whether the Zone’s subsequent use of those federal fu... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
N.R. SMITH, Circuit Judge:
The Supreme Court “has adopted what amounts to a two-tiered approach to analyzing state economic regulation under the Commerce Clause.” Broum-Forman Distillers Corp. v. N.Y. State Liquor Auth., 476 U.S. 573, 578-79, 106 S.Ct. 2080, 90 L.Ed.2d 552 (1986).
When a state statute directly ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | Affirmed by published opinion. Judge MURNAGHAN wrote the opinion, in which Judge MOTZ and Senior Judge YOUNG joined.
OPINION
MURNAGHAN, Circuit Judge:
The appeal before the court concerns South Carolina’s attempt to limit the amount of hazardous waste generated out-of-state and buried within its borders by promulgating... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ALFRED T. GOODWIN, Circuit Judge:
National Forest Preservation Group (NFPG) challenges on procedural and substantive grounds the decision of the .Forest Service to exchange certain government land for lands of the intervenor, Burlington Northern.
The lands are in southwest Montana. The United States agreed, in three se... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HOWARD, Circuit Judge.
The City of Pittsfield, Massachusetts asks us to consider whether the Environmental Appeals Board (EAB) improperly declined Pittsfield’s petition seeking the Board’s review of the Environmental Protection Agency’s (EPA) grant of a National Pollutant Discharge Elimination System (NPDES) permit for... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
BARRY, Circuit Judge.
In July and August 2005, appellants, a number of conservation groups, petitioned the U.S. Fish and Wildlife Service (“FWS”) to list as endangered on an emergency basis the red knot, a species of migratory shorebird. The FWS declined to undertake emergency rulemaking by letter ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HOLMES, Circuit Judge.
Forest Guardians appeals the denial of its petition for review of the U.S. Fish and Wildlife Service’s (“FWS”) decision to reintroduce a nonessential experimental population of endangered Northern Aplomado Falcons (“Falcons”) into southern New Mexico. Forest Guardians contends that the FWS violat... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | GORSUCH, Circuit Judge,
concurring.
I am pleased to concur in the court’s opinion. I write to note only two minor points.
First, under § 706 of the APA, an agency’s NEPA analysis of course may not be arbitrary or capricious. As the majority notes, this court has previously held that one way an agency can fail § 706’s t... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | MOORE, Circuit Judge:
Three chemical companies, Hooker Chemicals and Plastics Corporation, Stauffer Chemical Company and Monsanto Company (“Petitioners”), in an action against Russell E. Train, Administrator of The Environmental Protection Agency (“EPA”), seek by petition to review and set aside regulations establishin... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HARRISON L. WINTER, Chief Judge:
The Maryland Conservation Council and two other citizens’ groups sought to enjoin officials of Montgomery County, Maryland from authorizing further construction of a highway allegedly designed to pass through Seneca Creek State Park. The plaintiffs alleged, inter alia, that the County’s... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | CUMMINGS, Circuit Judge.
This is an appeal from a preliminary injunction granted by the district court which effectually restrains the Secretary of Agriculture and other personnel of the Department of Agriculture from continuing the suspension of the registration of 17 Panogenic compounds as “economic poisons” under th... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | PELL, Circuit Judge
(dissenting).
After careful consideration of additional briefs and oral argument and of the present majority opinion of this court, I remain completely unpersuaded that an incorrect result was reached in the majority opinion by the three-judge panel of this court which first heard the appeal. Theref... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SWYGERT, Chief Judge.
I concur in Judge PELL’S dissent. Further I adhere to the views expressed in my concurring opinion when a division of this court originally considered and decided the matters presented on this appeal. | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | KOZINSKI, Circuit Judge:
The Comprehensive Environmental Response, Compensation and Liability Act, 42 U.S.C. §§ 9601 et seq. (CERCLA), provides that the “owner” of a contaminated facility is liable for the costs of cleanup. It is left for the courts, however, to clean up the mess left behind by complicated financial tr... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BLOCK, District Judge
Judges Berzon and Murguia have voted to deny the petitions for rehearing en banc, and Judge Block so recommends. The full court has been advised of the petitions and no judge has requested a vote on whether to rehear the matter en banc. Fed. R. App. P. 35. Accordingly, the petitions for rehearing ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
STAPLETON, Circuit Judge:
The Army Corps of Engineers (“the Corps”) appeals from the district court’s remand order concerning an application for a dredge-and-fill permit by AJA Associates (“AJA”). Because the applicant has already been given the meaningful opportunity to be heard that due process r... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | VAN GRAAFEILAND, Circuit Judge:
The issue on this appeal is whether the Federal Trade Commission is required by § 102(2)(C) of the National Environmental Policy Act, 42 U.S.C. § 4332(2)(C), to file an Environmental Impact Statement (EIS) at the outset of an adjudicatory proceeding brought pursuant to § 5 of the Federal... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | TROTT, Circuit Judge:
The United States appeals the district court’s dismissal of an indictment charging Jamie John Hagberg (“Hagberg”) with “knowingly disposing] of domestic septage on a public contact site” in violation of 33 U.S.C. §§ 1345(e) and 1319(c)(2). The district court dismissed the indictment based on its c... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HENRY WOODS, District Judge.
The Missouri Coalition for the Environment, the individual plaintiffs and the organizational plaintiffs, collectively referred to herein as the “Coalition,” appeal from a final judgment of the district court upholding defendant United States Army Corps of Engineers’ decision not to. revoke,... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | FAGG, Circuit Judge,
dissenting.
I believe the dispute we are called on to decide in this case has become moot.
The United States Army Corps of Engineers (the Corps) determined that altering the Riverport project plans to include a domed stadium did not require the Corps to change its earlier permit allowing St. Louis ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HARRY PHILLIPS, Senior Circuit Judge.
General Motors Corporation has filed petitions to review the designations by the United States Environmental Protection Agency (USEPA) of certain portions of Defiance, Richland and Montgomery Counties, Ohio, as nonattainment areas for total suspended particulates. 40 C.F.R. 81.336 ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | CARL E..STEWART, Chief Judge:
This is an appeal by Defendant-Appellant John Emerson Tuma (“Tuma”) who was convicted of various crimes related to his involvement in disposing of untreated wastewater. Tuma appeals both his convictions and sentence. For the reasons provided herein, we AFFIRM.
FACTS AND PROCEDURAL HISTORY
... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BELL, Circuit Judge:
The Federal Water Pollution Control Act (WPCA), 33 U.S.C.A. § 1161(b) (4), requires the “person in charge” of a vessel or an offshore or onshore facility to notify the appropriate federal agency when his vessel or facility discharges oil into surrounding water. The Act extends a measure of protecti... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | WOLLMAN, Circuit Judge.
Gary Bailey constructed a road on a parcel of wetlands in Lake of the Woods County (County), Minnesota, without obtaining a permit under Section 404 of the Clean Water Act (Act). The United States Army Corps of Engineers (Corps) ordered Bailey to restore the land to its previolation condition. B... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | Justice Thomas
delivered the opinion of the Court.
Two Terms ago, in Chemical Waste Management, Inc. v. Hunt, 504 U. S. 334 (1992), we held that the negative Commerce Clause prohibited Alabama from imposing a higher fee on the disposal in Alabama landfills of hazardous waste from other States than on the disposal of id... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | Chief Justice Rehnquist,
with whom Justice Black-mun joins,
dissenting.
Landfill space evaporates as solid waste accumulates. State and local governments expend financial and political capital to develop trash control systems that are efficient, lawful, and protective of the environment. The State of Oregon responsibly... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ORDER
The opinion issued in this appeal is amended as follows:
On page 6 of the slip opinion, replace Rosales v. United States, 275 F. App’x 1 (D.C. Cir. 2008), with Rosales v. United States, 73 F. App’x 913 (9th Cir. 2003). With that amendment, Plaintiffs-Appellants’. petition for panel rehearing is DENIED. The petiti... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ORDER
Appellants’ petition for rehearing is granted in part and the opinion filed February 6, 1987, 809 F.2d 1385, is amended as follows:
The sentence beginning on page 6, line 17 of the slip opinion [page 1388, 1st col., line 20] beginning with the words “Even absent direct proof ...” should be deleted and replaced wi... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | PER CURIAM:
Plaintiffs-Appellants Solutia, Inc. and Pharmacia Corporation (Solutia & Pharmacia) appeal the District Court’s grant of summary judgment against their claims under § 107(a) of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). Solutia & Pharmacia also appeal the District Co... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | LYNCH, Circuit Judge.
This case illustrates the perils facing a small business that does not determine whether it is subject to regulation under 33 U.S.C. § 1321, the oil spill provision of the Clean Water Act. Pepperell Associates operates a business out of an old textile mill building in Lewiston, Maine. In October 1... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | WARDLAW, Circuit Judge.
The Alaska Department of Environmental Conservation (“ADEC”) and Teck Comineo Alaska, Inc. (“Comineo”) petition for review of three enforcement orders entered by the United States Environmental Protection Agency (“EPA”), which effectively invalidated a Prevention of Significant Deterioration (“P... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | MAHONEY, Circuit Judge:
Plaintiffs-appeEants-cross-appellees the State of New York and Thomas C. Jorling, as trustee of the State of New York’s natural resources (collectively “New York”), appeal from a final judgment entered June 20, 1995 in the United States District Court for the Southern District of New York, Charl... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BALDOCK, Circuit Judge.
The State of Utah filed an action in federal district court seeking to intervene in a lease approval process between an Indian tribe and a private party. The district court concluded the State lacked standing and granted Defendant’s motion for summary judgment. The State appeals. We exercise jur... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BAUER, Circuit Judge.
The United States and appellants Shak-eab Alshabkhoun and A & A Farms (collectively A & A) entered into a court-approved Consent Decree to resolve the government’s claims that A & A violated the Clean Water Act. When A & A failed to comply with the terms of the Consent Decree, the government moved... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ORDER
For the reasons stated in the memorandum opinion of the district court filed on August 7, 1992, in the Eastern District of Washington, we affirm the grant of summary judgment in favor of the appellees.
We adopt the district court’s memorandum opinion as appended, finding it dispositive of all issues on appeal.
AF... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | WISDOM, Senior Circuit Judge.
This case is before us for the second time, having been remanded by the United States Supreme Court. See Illinois v. Outboard Marine Corp., 619 F.2d 623 (7th Cir. 1980). The facts of the case and early history of the litigation appear in our prior opinion, and we do not repeat them here. 6... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SWYGERT, Senior Circuit Judge,
dissenting in part.
I respectfully dissent from the majority’s holding that, applying the analysis of Milwaukee II, the 1972 amendments to the Federal Water Pollution Control Act preempt federal common-law remedies for pre-1972 pollution. •
In Illinois v. Milwaukee, 406 U.S. 91, 92 S.Ct. ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ALLGOOD, District Judge:
This appeal arises from an action to enjoin the United States from preventing the plaintiffs/appellants from completing development above the mean high tide line (hereinafter MHTL) at Buccaneer Point, Key Largo, Florida, without first obtaining a permit from the United States Army Corps of Engi... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OAKES, Circuit Judge:
In this, another National Environmental Policy Act (NEPA) case, appellants seek reversal of an order of the District Court entered September 13, 1973, denying their application made on September 5, 1973 for a preliminary injunction restraining appellees from “proceeding with any phase of the proje... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | HILLMAN, Senior District Judge.
This case involves a challenge under the Commerce Clause to the constitutionality of two Ohio statutes regulating the import of solid wastes generated in other states for disposal in Ohio. Ohio Rev.Code section 3734.57 establishes fees for disposal of solid wastes, charging a higher fee ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | GARWOOD, Circuit Judge:
Petitioner challenges the conditions of a National Pollution Discharge Elimination System (NPDES) permit and the Environmental Protection Agency’s (EPA) authority to impose those conditions on an outfall at petitioner’s steam generating plant. We determine that this Court lacks jurisdiction over... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BRISCOE, Circuit Judge.
These appeals were filed following district court approval of a settlement agreement. The Settlement Agreement sought to end a longstanding, complex dispute dating from 2008. In 2008, environmental groups led by the Southern Utah Wilderness Alliance (collectively, "SUWA") challenged six resource... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | McKEOWN, Circuit Judge:
The Hanford Nuclear Reservation (“Hanford”) in Washington is one of the largest sites in the country for the treatment, storage and disposal of radioactive and non-radioactive hazardous waste, currently storing over 53 million gallons of mixed radioactive and nonradioactive hazardous waste. Duri... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
SMITH, Chief Judge.
Appellants, Crystal Spring Ecosystem, Highland Township Municipal Authority, and Citizens Advocating a Clean Healthy Environment, Inc.—ail represented by the Community Environmental Legal Defense Fund (“CELDF”)—sought to intervene on the side of Defendant-Appellee Township of Highland (the “... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | FERGUSON, Circuit Judge:
The present case arises out of the events and litigation in Yakima County, Washington, surrounding the Hanford Nuclear Reservation (“Hanford”). Pamela Durfey, Paulene Echo Hawk, and Dorothy George appeal the district court’s dismissal of their state medical monitoring tort claims for lack of su... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SCHROEDER, Circuit Judge:
The City of Tenakee Springs and native Alaskan subsistence users appeal the district court’s grant of summary judgment in favor of the government and denial of permanent injunctive relief. The underlying action is appellants’ challenge to the 10-volume Supplemental Environmental Impact Stateme... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | WILLIAM A. NORRIS, Circuit Judge,
dissenting:
As the majority points out, this is not the first time we have seen this case. In City of Tenakee Springs v. Clough, 915 F.2d 1308 (9th Cir.1990) (Tenakee II), we held that plaintiffs were entitled to a preliminary injunction because they had demonstrated the possibility of... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | THACKER, Circuit Judge:
In this case, we address petitions seeking review of two federal agency decisions. The first is the Bureau of Land Management ("BLM")'s decision granting a right of way through federal land for construction and operation of a pipeline proposed by Mountain Valley Pipeline, LLC ("MVP"). The second... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | PREGERSON, Circuit Judge:
Don A. Cose and Darlene A. Cose (“the Coses”) appeal the district court’s grant of summary judgment dismissing them Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S.C. § 9601 et seq., action against the Getty Oil Company (“Getty Oil”), et al. The CERCLA a... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
ROTH, Circuit Judge:
Plaintiffs, Public Interest Research Group of New Jersey, Inc., (NJPIRG) and Friends of the Earth, Inc., (FOE) brought a citizen suit pursuant to the Federal Water Pollution Control Act (Clean Water Act or Act), 86 Stat. 816, 33 U.S.C. § 1251 et seq., against defendant Hercules... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | JORDAN, Circuit Judge.
OPINION OF THE COURT
This is a dispute about the proper allocation of costs to remediate a contaminated manufacturing site in Greenville, Pennsylvania. From 1910 until 1986, Greenlease Holding Co. ("Greenlease"), a subsidiary of the Ampco-Pittsburgh Corporation ("Ampco"), owned the site and opera... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
WHYTE, District Judge:
Appellants Japanese Village, LLC and Today’s IV, Inc. dba Westin Bonaventure Hotel (“Bonaventure”) appeal from the district court’s grant of summary judgment in favor of Appellees on Appellants’ claims under the National Environmental Policy Act, 42 U.S.C. § 4321 (“NEPA”). Appellants argu... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OP THE COURT
ADAMS, Circuit Judge.
On December 23, 1977, the United States Nuclear Regulatory Commission (NRC) suspended for approximately two years its decisionmaking process regarding proposals for the recycling of spent nuclear fuel and the use in nuclear reactors of plutonium recovered from that fuel. This ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | EDITH H. JONES, Circuit Judge:
This case arises from the efforts of the United States Coast Guard to compel James and Janell Needham (“Needhams”) to reimburse the United States, under the Oil Pollution Act (“OPA”), 33 U.S.C. §§ 2701-2720 (2000), for cleanup costs associated with an oil spill. The bankruptcy court, in t... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | PREGERSON, Circuit Judge:
The Carson-Truckee Water Conservancy District and Sierra Pacific Power Company (appellants) sought a declaratory judgment that the Secretary of the Interior (Secretary) violated the Washoe Project Act, 43 U.S.C.A. §§ 614-614d (West 1964), and related reclamation laws in refusing to sell water ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | FLETCHER, Circuit Judge:
Clifton Craft, Jack Ferguson, and William Wilson (“appellants”) appeal the district court’s order affirming the assessment of civil penalties by the National Oceanic and Atmospheric Administration (“NOAA”) for violations of the Marine Protection, Research, and Sanctuaries Act. NOAA assessed the... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | TONE, Circuit Judge.
These consolidated cases bring before us an Environmental Protection Agency (EPA) order granting a discharge permit under the Federal Water Pollution Control Act Amendments of 1972 and a related District Court judgment. In No. 76-1616, United States Steel Corporation’s petition for review of EPA’s ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | ROSEN, District Judge.
This case involves a petition for review under Section 509(b)(1) of the Clean Water Act, 33 U.S.C. § 1369(b)(1). Petitioners ask this Court to review the Environmental Protection Agency’s (“EPA”) approval of the Clean Water Act Section 304(1) individual control strategy (“ICS”) issued by the Comm... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SEYMOUR, Chief Judge.
Plaintiffs filed this action in federal district court seeking declaratory and injunctive relief with respect to the State of Colorado’s “Lynx Recovery Plan” (the Plan), which proposed to introduce Canadian lynx into Colorado. The complaint alleged that the Forest Service’s involvement with the Pl... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | AMENDED OPINION
DOWD, Senior District Judge.
I. INTRODUCTION
The defendant-appellant Mark O. Henry (hereafter “Henry”) prosecutes two appeals growing out of his indictment and conviction for one count of conspiracy to violate 42 U.S.C. § 6928(d)(1) which prohibits the transport of hazardous waste to a facility that doe... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | GOODWIN, Circuit Judge:
Ian Martin Lynch appeals his conviction under 16 U.S.C. § 470ee(a) of the Aeheo-logical Resources Protection Act (“ARPA”). He entered a conditional guilty plea after the District Court advised him that the Government would not have to prove that the defendant knew that his act was against the la... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | RONEY, Circuit Judge:
In this action appellants seek to enjoin the federal funding of a proposed low and moderate income apartment project in Houston, Texas. Appellants contend that the failure of the Department of Housing and Urban Development to file an environmental impact statement bars it from further funding of t... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
SILER, Circuit Judge.
Textileather Corporation, which purchased a vinyl-manufacturing facility with hazardous waste management units (“RCRA units”) from GenCorp Inc., appeals from the district court’s grant of summary judgment to GenCorp in this breach-of-contract and Comprehensive Environmental Response, Compe... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | SETH, Circuit Judge.
The plaintiffs commenced this action to challenge the granting of a right of way by the Forest Service to the City of Cheyenne over a part of the Medicine Bow National Forest. The right of way was to construct and maintain facilities to bring water to the City. It was a part of the City’s project s... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | JOHN R. GIBSON, Circuit Judge.
The City of Little Rock, Arkansas, and various city officials appeal from the district court’s order enjoining them and their contractor, Joyner-Ford & Burke Construction Company, from proceeding with construction of a bridge over Jimerson Creek until the Army Corps of Engineers has prepa... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION
POLITZ, Circuit Judge.
Tillamook County appeals the denial of its motion for preliminary injunction to prevent intervenor-defendant the City of McMinnville, Oregon, from continuing the enlargement of its existing municipal water supply reservoir along the Nestucca River. The County complains that the finding by... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | TYMKOVICH, Chief Judge.
Sierra Club brought a citizen suit seeking civil penalties against Oklahoma Gas and Electric . Company “(OG & E)” for alleged violations of the Clean Air Act. Sierra Club asserts that in March and April 'of 2008, OG & E, the owner and operator of a coal-fired power plant in Muskogee, modified a ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | BRISCOE, Circuit Judge,
dissenting.
This case presents an issue of first impression in this and every other circuit: Is the statute of limitations for unpermitted construction or modification in violation of 42 U.S.C. § 7475(a) tolled so long as the construction or modification continues? The majority • concludes, that... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
NYGAARD, Circuit Judge.
Appellants Dawn-Marie and James Hawkins (referred to collectively as Hawkins) appeal the District Court’s summary judgment. It had concluded that Hawkins’s claims that Leslie’s Pool Mart (1) negligently failed “to provide adequate directions or precautions regarding the open... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | MANSMANN, Circuit Judge,
dissenting.
Although I join in Parts I (except as to its affirmance as to labeling-based claims) and 11(B) of the majority’s opinion and agree with the majority’s holding in Part 11(A) that claims based on labeling actually reviewed and approved by the Environmental Protection Agency and claims... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | LEVAL, Circuit Judge.
Plaintiff-appellants, all persons and entities related to John Syms and the Somerset Group (collectively “Somerset”), appeal from the grant of summary judgment by the United States District Court for the Western District of New York (Richard J. Arcara, J.) in favor of the defendant-appel-lees (col... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
1 | OPINION OF THE COURT
ADAMS, Circuit Judge.
One of the assumptions upon which our society is premised is that technological advancement will be encouraged and material comfort will be increased by rewarding innovation with profit. Long ago, Sir Edward Coke noted that “everyone thirsteth after gaine,” and, by and large, ... | The following is a judicial opinion. Please determine if the opinion is an environmental law case by listing 1 (if it is) or 0 (if not). Some examples of environmental law cases are those which address issues regarding the environment, human health, natural resources, and other related topics. |
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