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1 | OPINION
RYMER, Circuit Judge:
The Natural Resources Defense Council and other groups (collectively, the NRDC) appeal the dismissal of their claims against the South Coast Air Quality Management District (SCAQMD). We have jurisdiction under 28 U.S.C. § 1291, and we affirm. The district court did not err in determining 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 | OPINION OF THE COURT
SEITZ, Chief Judge.
Samuel R. Pierce, Secretary of the United States Department of Housing and Urban Development (hereinafter referred to as HUD), appeals an order of the district court permanently enjoining demolition of the Old Stone Academy by the Town of Dover Redevelopment Authority (TDRA) unt... | 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.
In 1978, pursuant to litigation commenced under the Clean Water Act (CWA), 33 U.S.C. § 1251 et seq. (1978), by the United States Army Corps of Engineers (Corps), defendants Roland G. Huebner, William Huebner and the Petenwell Potato Farms (Huebners), entered into a consent decree with the Corps re... | 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 | THORNBERRY, Circuit Judge:
We enter a new battleground in this case, guided by the solemn expression of Congressional will to preserve parklands and the environment from harm or destruction at the hands of federal aid projects. This appeal challenges the construction of a six-to-eight lane federal-aid expressway throug... | 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 | CLARK, Circuit Judge
(concurring in part and dissenting in part).
I completely concur with all of the majority opinion save Part VII, and with the grant of injunctive relief against the federal defendants pending their full compliance with federal law. With deference, however, I dissent from so much of the opinion as h... | 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 | NIEMEYER, Circuit Judge:
In March 1994, Consolidation Coal Company obtained the necessary government permit to “dewater” its Buchanan Mine, an underground coal mine in Buchanan County, Virginia. It then began to pump the water from its mine into the nearby Beatrice Mine, an exhausted coal mine owned by Island Creek Coa... | 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 | HILL, Circuit Judge.
Appellant instituted this action in the United States District Court for the District of New Mexico on January 25, 1971, challenging the legality of a grant made by appellees through the Economic Development Administration of the Department of Commerce (the E.D.A.) equal to 80% of the estimated cos... | 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 | MURRAH, Circuit Judge
(dissenting) :
It is agreed that both the E.D.A. action in making the grant of funds and the Forest Service action in granting the right-of-way easement were “major Federal actions” as that term is used in the N.E.P.A. We also agree that the Forest Service was the “lead agency” with the duty of pr... | 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 E. DOYLE, Circuit Judge.
The several petitioners here seek review pursuant to 33 U.S.C. § 1369 of regulations promulgated by the EPA on July 12, 1976. Said regulations have to do with water pollution elimination and are reported in 40 C.F.R. §§ 124.11,124.84,125.4 and 125.53,41 Fed.Reg. 28493 et seq.
Petitioner... | 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 | JERRY E. SMITH, Circuit Judge:
The Environmental Protection Agency (EPA) issued a final rule under section 6 of the Toxic Substances Control Act (TSCA) to prohibit the future manufacture, importation, processing, and distribution of asbestos in almost all products. Petitioners claim that the EPA’s rulemaking procedure ... | 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, Senior Circuit Judge.
The Friends of the Boundary Waters Wilderness’ efforts to recover attorney’s fees incurred in litigation over the management of the Superior National Forest in Minnesota have produced this appeal and cross-appeal. The Friends disputed two portions of the Forest Service’s 1986 Land ... | 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 | SNEED, Circuit Judge:
This case in a somewhat more expanded form has been before this court previously. See Brown v. Environmental Protection Agency, 521 F.2d 827 (9th Cir. 1975), vacated 431 U.S. 99, 97 S.Ct. 1635, 52 L.Ed.2d 166, (Brown I). There we held that neither section 113(a)(1) nor section 113(a)(2) of the 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 | FLOYD R. GIBSON, Senior Circuit Judge.
Minnesota Pesticide Information and Education, Inc. (“MPIE”) appeals the district court’s dismissal of its suit against the Department of Agriculture, the United States Forest Service, and various officials from these agencies (collectively referred to as “the Forest Service”). We... | 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 | PATRICK E. HIGGINBOTHAM, Circuit Judge:
This case presents the question whether an organization whose membership includes individuals who birdwatch and fish at a lake some 18 miles and three tributaries from the source of unlawful water pollution meet the fairly traceable component of the standing doctrine to sue for 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 | CANBY, Circuit Judge:
Donald Yerger appeals the district court’s grant of summary judgment in favor of the government in a suit challenging the Forest Service’s decision to deny a renewal of the use permit that authorized Yerger to run a recreational facility and food concession in the Prescott National Forest, Arizona... | 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 Scalia
delivered the opinion of the Court.
These cases concern a set of regulations adopted by the Environmental Protection Agency (EPA or agency) under § 316(b) of the Clean Water Act, 33 U.S.C. § 1326(b). 69 Fed. Reg. 41576 (2004). Respondents — environmental groups and various States — challenged those regul... | 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 Breyer,
concurring in part and dissenting in part.
I agree with the Court that the relevant statutory language authorizes the Environmental Protection Agency (EPA or Agency) to compare costs and benefits. Ante, at 217-223. Nonetheless the drafting history and legislative history of related provisions, Pub. L. 9... | 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 | TORRUELLA, Circuit Judge.
In this appeal we determine whether appellants must pay the entire cost of cleaning up two different environmental hazards: coal gas waste and oil gas waste. As the district court correctly apportioned liability under the governing principles of the Comprehensive Environmental Response, Compen... | 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:
Libby, Montana, sits sixty-five miles south of the Canadian border. The seemingly rustic and picturesque environment of this area masks a troubling history — the community has been plagued with asbestos-related contamination. In 1999, the Environmental Protection Agency (“EPA”) was called in to ... | 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,
concurring:
I concur in the result that the majority reaches. The EPA’s activities in Libby, Montana, when taken as a whole, are properly classified as a removal action in response to the immediate threat posed by the large quantities of friable asbestos found in Libby. See, e.g., Majority Opinion 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 | CARDAMONE, Circuit Judge:
With visions of the tragic consequences that eventuated in December 1941 when an entire naval fleet congregated in one harbor, the Navy has since emphasized dispersal. In 1982 it adopted the Strategic Homeport Concept that effectively divides the U.S. fleet into smaller action groups and place... | 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:
WildEarth Guardians (WildEarth), a non-profit environmental organization, petitions for review of the Environmental Protection Agency’s (EPA) approval of the State of Nevada’s State Implementation Plan (SIP) for regional haze under the Clean Air Act, 42 U.S.C. §§ 7401-7671q (CAA). Accor... | 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
HARDIMAN, Circuit Judge.
This appeal comes to us following a seventeen-day bench trial that involved several claims arising under federal and state environmental laws. At issue is which parties bear the responsibility for the removal of hazardous substances present in the soil and groundwater at 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 | GARTH, Circuit Judge,
dissenting:
There is only one issue in this appeal of true significance. Indeed, it has presented us with an issue of first impression in this Court: whether the individual states have the authority, i.e., concurrent jurisdiction with the federal courts, to regulate pollution of the lands and prop... | 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 | DONALD RUSSELL, Circuit Judge:
This suit to enjoin the construction of a bridge across the Ohio and Guyandotte Rivers between Huntington, West Virginia and Proctorville, Ohio, was earlier before this Court on appeal from an order denying a preliminary injunction. The factual background for the proceedings is adequately... | 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
W. FLETCHER, Circuit Judge:
In this appeal, the Klamath-Siskiyou Wildlands Center (“KS Wild”) challenges the district court’s dismissal of its claim against the U.S. Forest Service for lack of subject matter jurisdiction. The district court concluded that KS Wild’s notice of intent to sue under the Endangered 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 | ON REHEARING
CANBY, Circuit Judge:
These consolidated actions contest the plans of the United States Forest Service (“Forest Service”) to permit timber harvesting and to construct a road in the Blue Creek Unit of the Six Rivers National Forest in California. The Blue Creek Unit consists of 76,500 acres located in 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 | BEEZER, Circuit Judge,
dissenting in part:
I concur in Parts II, III, and IV of Judge Canby's majority opinion. I also concur in Part V to the extent that it is based on the discussion in Parts II, III, and IV. Because I conclude that the plaintiffs have not established a first amendment violation, I cannot concur in 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 | WEICK, Senior Circuit Judge.
Stauffer has appealed to this court from an order of the district court denying its motion to quash an invalid administrative search warrant issued ex parte by a United States Magistrate, which authorized EPA to conduct an air pollution inspection of private commercial property belonging to... | 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 | NATHANIEL R. JONES, Circuit Judge,
concurring.
Although I concur with Judge Weick’s well-reasoned opinion, I write separately to articulate my views concerning the application of collateral estoppel to the present case. In my opinion, the application of the doctrine precludes this Court from addressing the merits of 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 | SILER, District Judge,
concurring.
I concur with the majority opinion on the merits but disagree with it on procedural grounds, that is, I believe the doctrines of collateral estoppel and res judicata should not be applied here.
Where the history of the cases shows that in Stauffer I, as designated in the majority opin... | 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 | SACK, Circuit Judge:
In the spring of 1987, Thomas and Filome-na Prisco, husband and wife, began an attempt to increase the value of their land by-leveling a portion of it using as fill waste construction and demolition materials delivered to the site by a variety of business entities. They discovered they could also m... | 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 | BOWMAN, Circuit Judge.
The United States Army Corps of Engineers appeals an order of the District Court enjoining the Corps, until June 1, 1990, from releasing water from Lake Oahe reservoir, located in South Dakota, into the Missouri River at a rate greater than that at which water is flowing into the reservoir. The 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 | MURPHY, Circuit Judge.
I. INTRODUCTION
In this case, plaintiff-appellant, Friends of Marolt Park, raises challenges under the National Environmental Policy Act (“NEPA”), 42 U.S.C. §§ 4321-4370Í and § 4(f) of the Transportation Act, 49 U.S.C. § 303(c), to a Record of Decision (“ROD”) issued by defendant-appellee, the Un... | 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
BECKER, Circuit Judge.
This is an appeal from an order of the United States District Court for the Middle District of Pennsylvania, dismissing, for want of subject matter jurisdiction, an action brought by Fairview Township, Pennsylvania, and Northern York Joint Sewer Authority (“Northern York”) ag... | 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 | MESKILL, Circuit Judge:
The New York State Department of Transportation (NYSDOT) and the City of New York appeal from the issuance of the permanent injunction by United States District Court for the Southern District of New York, Thomas P. Griesa, J., enjoining the Federal Highway Administration (FHWA) and related fede... | 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.
The issue presented in this appeal is whether the district court abused its discretion in ordering the United States to pay substantial attorney fees to a municipal utility found to have been violating the environmental protection laws. The district court awarded the fees under the Equal Access to Justice 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 | KEITH, J., delivered the opinion of the court, in which BOYCE F. MARTIN, Jr., C.J., DAUGHTREY, COLE, CLAY, and GILMAN, JJ., joined. MOORE, J. (pp. 527-530), joined in J. KEITH’s opinion as to Parts I, II, and III.A., and also delivered a separate opinion concurring in part and concurring in the judgment. ALAN E. NORRIS... | 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 | ALAN E. NORRIS, Circuit Judge,
concurring in part and dissenting in part.
I fully concur in parts I, II, and 111(A) of the majority opinion, and I agree with some of the reasoning contained in the remaining portion of the opinion. I dissent, however, insofar as the majority opinion suggests that United States v. New Yo... | 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 Stevens
delivered the opinion of the Court.
The Endangered Species Act of 1973 (ESA or Act), 87 Stat. 884,16 U. S. C. § 1631 (1988 ed. and'Supp. V), contains a variety of protections designed to save from extinction species that the Secretary of the Interior designates as endangered or threatened. Section 9 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 | Justice O’Connor,
concurring.
My agreement with the Court is founded on two understandings. First, the challenged regulation is limited to significant habitat modification that causes actual, as opposed to hypothetical or speculative, death or injury to identifiable protected animals. Second, even setting aside difficu... | 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 Scalia,
with whom The Chief Justice and Justice Thomas join,
dissenting.
I think it unmistakably clear that the legislation at issue here (1) forbade the hunting and killing of endangered animals, and (2) provided federal lands and federal funds for the acquisition of private lands, to preserve the habitat of e... | 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 | REAVLEY, Circuit Judge:
This is an appeal from the district court’s judgment refusing to lift the permanent injunction that halted construction of the Wallisville Lake Project (Wallisville) in 1973. In 1985, the United States Army, Corps of Engineers (the Corps) filed a motion with the district court to have the injunc... | 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 | BOUDIN, Chief Judge.
This case presents a three-way dispute among two Indian tribes, the Environmental Protection Agency (“EPA”) and the State of Maine (“Maine”). The two tribes are the Penobscot Nation and the Passa-maquoddy Tribe (collectively, “the southern tribes”). Also involved are two different statutory regimes... | 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 | Mr. Justice Blackmun
delivered the opinion of the Court.
This case presents issues, under the Privileges and Immunities Clause of the Constitution’s Art. IY, § 2, and the Equal Protection Clause of the Fourteenth Amendment, as to the constitutional validity of disparities, as between residents and nonresidents, in a St... | 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 | Mr. Chief Justice Burger,
concurring.
In joining the Court’s opinion I write separately only to emphasize the significance of Montana’s special interest in its elk population and to point out the limits of the Court’s holding.
The doctrine that a State “owns” the wildlife within its borders as trustee for its citizens,... | 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 | Mr. Justice Brennan,
with whom Mr. Justice White and Mr. Justice Marshall join,
dissenting.
Far more troublesome than the Court’s narrow holding- — -elk hunting in Montana is not a privilege or immunity entitled to protection under Art. IV, § 2, cl. 1, of the Constitution — -is the rationale of the holding that Montana... | 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 | BOWNES, Senior Circuit Judge.
The defendant-intervenor Loon Mountain Recreation Corporation (“Loon Corp.”) operates a ski resort in the White Mountain National Forest in Lincoln, New Hampshire. In order to expand its skiing facilities, Loon Corp. sought and received a permit to do so from the United States Forest Servi... | 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
BOYCE F. MARTIN, JR., Chief Circuit Judge.
This case arises from the criminal conviction of John Rapanos for unlawfully filling wetlands in Michigan in violation of the Clean Water Act, 33 U.S.C. § 1311(a). After the conviction, an appeal, a denial of certiorari, a second appeal, and a grant of certiorari, 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 | CUDAHY, Circuit Judge.
I. Background
This case has a long and stormy history. Its full background was set out in this court’s previous opinion, Friends of Milwaukee’s Rivers and Lake Michigan Fed’n v. Milwaukee Metro. Sewerage Disk, 382 F.3d 743 (7th Cir.2004) (FMR I). After over six years of litigation and two trips 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 | Opinion by Judge REINHARDT; Dissent by Judge BROWNING.
Appeal from the United States District Court for the District of Hawaii, Alan C. Kay, District Judge, Presiding.
ORDER
The opinion and dissent filed on September 27, 1993, are amended as follows: [Editor’s Note: Amendments have been incorporated for purposes of pub... | 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 | JAMES R. BROWNING, Circuit Judge,
dissenting.
The majority unjustifiably restricts the breadth of the Marine Mammal Protection Act to avoid subjecting Hayashi to a criminal prosecution the majority regards as unreasonable. The gloss imposed by the majority to limit the scope of “taking,” a key jurisdictional term in 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 | KENNEDY, Circuit Judge.
In this appeal, we address two similar issues involving the jurisdiction of the District Court over the United States Environmental Protection Agency (“USEPA”) and the Office of Surface Mining, Reclamation and Enforcement of the Department of the Interior (“OSM”). Both agencies took or threatene... | 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:
IT IS ORDERED that the opinion previously filed in this case, Luminant Generation Co. L.L.C. v. U.S. E.P.A., No. 10-60934, 699 F.3d 427 (5th Cir. Oct. 12, 2012), is WITHDRAWN. The following opinion is substituted therefor:
Two sets of petitioners, hereinafter referred to as “Industry Petit... | 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:
When denied access to its primary sources of natural rubber during World War II, the United States contracted with Dow Chemical Company, Goodyear Tire and Rubber Company, Shell Oil Company, and United States Rubber Company (the predecessor of Uniroyal Goodrich Tire Company) to construct, lease, and operate ... | 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 | KLEINFELD, Circuit Judge,
dissenting:
I respectfully dissent.
After the Japanese captured Malaya during World War II, we were cut off from the world’s major supply of rubber. A substitute was essential to the war effort. , Fortunately, we had obtained from the Germans the secret of how to make artificial rubber from st... | 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 | KRAVITCH, Circuit Judge:
The degree of knowledge necessary for a conviction under 42 U.S.C. § 6928(d)(1), unlawful transportation of hazardous waste, is the principal issue in this appeal. The district court granted judgments of acquittal notwithstanding the jury verdicts. The court held that the government had not pre... | 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 appeal represents the final voyage of a case that has persisted in the federal courts for nearly a decade. Finding, as we do, that the judgment below is fully supportable, we affirm.
I. BACKGROUND
Because these waters have been so thoroughly charted, we merely sketch the background insofar as... | 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, Circuit Judge.
In August, 2004, the Forest Service approved the Barney Top Resource Management Project (Project), a timber harvesting and prescribed burning project in Utah’s Dixie National Forest, pursuant to the'Dixie National Forest Land and Resource Management Plan (Plan). After an unsuccessful administrat... | 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 by published opinion. Judge MICHAEL wrote the opinion, in which Judge MOTZ and Judge ANDERSON joined.
OPINION
MICHAEL, Circuit Judge:
Green Valley Coal Company (Green Valley) appeals the award of attorney fees in a citizen suit brought under the Surface Mining Control 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 | MOORE, delivered the opinion of the court, in which FORESTER, D.J., joined. BATCHELDER, J., joined in J. MOORE’s opinion as to Parts I and II and in the judgment.
OPINION
MOORE, Circuit Judge.
This case involves a challenge to the General Management Plan that the National Park Service issued for Isle Royale National Pa... | 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 denied. This court’s injunction is dissolved forthwith. Appellants’ suggestion for rehearing en banc will be considered in due course.
The opinion filed on December 2, 1994 is hereby amended as follows:
[Editors Note: Amendments incorporated for purposes of publication]
OPINI... | 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 WILKINSON wrote the opinion, in which Judge SHEDD and Judge DUNCAN joined.
OPINION
WILKINSON, Circuit Judge:
The West Virginia Department of Environmental Protection (“WVDEP”) appeals an injunction requiring it to obtain National Pollutant Discharge Elimination System permits under ... | 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:
A group of home builders and other industry representatives filed an original petition in this court seeking to strike down as unconstitutional both the Pacific Northwest Electric Power and Conservation Planning Council and the Council’s 1983 Northwest Conservation and Electric Power Plan.
We ha... | 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 | BEEZER, Circuit Judge,
dissenting:
This ease raises a novel issue under the Appointments Clause of the United States Constitution. We must consider whether Congress may delegate certain federal authority to a body, acting through state-appointed officers, or whether such responsibilities must be reserved to a properly ... | 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
COLE, Circuit Judge.
These proceedings involve a final regulation issued by the Environmental Protection Agency (the “EPA”) under the Clean Water Act, 33 U.S.C. § 1251 et seq. The Clean Water Act regulates the discharge of “pollutants” into the nation’s waters by, among other things, requiring entities that emi... | 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 | FLAUM, Circuit Judge.
In 1985, plaintiff Sycamore Industrial Park Associates bought an industrial property with fixtures, including a boiler-based steam heating system, from defendant Ericsson, Inc. Before it sold the property, Ericsson installed a new natural gas heating system, but it left the old heating system in 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 | RYAN, Circuit Judge.
A jury convicted Paul J. Buckley of violating 42 U.S.C. §§ 7412(c)(1)(B), 7413(c)(1)(C), Clean Air Act provisions regulating the release of asbestos into the environment. The jury also convicted him of violating 42 U.S.C. § 9603(b)(3), a CERC-LA provision requiring notification to authorities of an... | 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 | BARRETT, Circuit Judge.
The Citizens Environmental Council (CEC) brought this action to enjoin construction of a federally-assisted highway by-pass. The District Court granted a summary judgment in favor of the defendants-appellees. See The Citizens Environmental Council v. Volpe, 364 F. Supp. 286 (D.Kan.1973).
The Sta... | 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 | HARLINGTON WOOD, Jr., Senior Circuit Judge.
Environmental Transportation Systems, Incorporated and its insurer, Canal Insurance Company, appeal the district court’s decision to allocate to Environmental Transportation Systems, Incorporated the entire cost of cleaning up a spill of poly-chlorinated biphenyl dielectric f... | 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 | CLARK, Circuit Judge:
This case involves yet another clash between a federal agency and environmentalists over a proposed development of the nation’s resources. The judicial focus, blurred as usual by the lack of technical and scientific expertise, is upon whether the impact statement compiled during consideration 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
Before: WRIGHT, KILKENNY and SNEED, Circuit Judges.
EUGENE A. WRIGHT, Circuit Judge:
This proceeding evolved from numerous petitions for review of regulations promulgated by the Environmental Protection Agency (EPA) under the 1970 amendments to the Clean Air Act (the Act). In due course, petitioners were inform... | 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, Circuit Judge.
Biodiversity Conservation Alliance challenges a United States Forest Service decision modifying trail use in the two-million-acre Medicine Bow National Forest in southern Wyoming. In particular, the Forest Service formally closed several hundred miles of unauthorized motorized trails, but allo... | 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
DAVID A. NELSON, Circuit Judge.
The question presented in this appeal is whether the constitutional rights of the plaintiff, an Ohio corporation engaged in the business of solid waste collection and disposal, were violated by waste processing restrictions imposed under Ohio law by the county where the waste ori... | 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 | ESCHBACH, Senior Circuit Judge.
The primary question that we will consider in addressing this petition for review of an order of the Administrator of the Environmental Protection Agency (“Administrator”) denying the petitioner's hazardous waste management permit application, is whether the petitioner has standing to ch... | 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 ON REMAND FROM THE SUPREME COURT
BECKER, Circuit Judge.
This appeal is before us for a second time, following remand by the Supreme Court. It presents the same ultimate question that we addressed earlier: does the eleventh amendment bar defendant-third party plaintiff Union Gas Company from suing the Commonweal... | 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 | COFFIN, Chief Judge.
We have before us a motion to amend petitions for review. Essentially, the disposition of this motion will determine initially whether we or the Fifth Circuit are mandated as the forum to conduct the review of the Environmental Protection Agency’s final regulations setting effluent limitation guide... | 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 | SNEED, Circuit Judge:
This appeal requires us to determine whether a district court under the circumstances of this case has jurisdiction to grant a preliminary injunction requiring the Environmental Protection Agency (EPA) to approve a variance from the requirements of a State Implementation Plan (SIP) properly promul... | 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 | HAUK, District Judge,
dissenting in part and concurring in part:
In the first place, I note that in Section III, the majority opinion takes up the issue of whether the EPA Administrator’s duty vis-a-vis Kennecott was discretionary or nondiscretionary (“mandatory”); and concluding that it was discretionary, it reverses ... | 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.
This case comes before us a second time for a determination whether New Jersey’s regulation of the disposal of solid waste is constitutional under the Commerce Clause of the Constitution. New Jersey’s “flow control” statutes require waste management districts to contract with d... | 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
TASHIMA, Circuit Judge.
The National Association of Home Builders, the Southern Arizona Home Builders Association, and the Home Builders Association of Central Arizona (collectively, “Home Builders”) appeal the district court’s decision upholding the designation of a population of cactus ferrugi-nous pygmy-owls... | 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 | TORRUELLA, Chief Judge.
Petitioner Edwin F. Adams requests review of final action taken by the United States Environmental Protection Agency (“EPA” or “the Agency”). Adams challenges the EPA’s issuance of a National Pollution Discharge Elimination System (“NPDES”) permit under the Clean Water Act (“CWA” or “the Act”), ... | 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 | HENLEY, Senior Circuit Judge.
The United States and the Secretary of the Army, et al., appeal from an order of the district court, 574 F.Supp. 505, permanently enjoining the Secretary of the Army and his subordinates in the United States Army Corps of Engineers from artificially crevassing the frontline levee of the Bi... | 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
TALLMAN, Circuit Judge:
Appellants BNSF Railway Company and Union Pacific Railroad Company (“the Railroads”) formerly maintained railroad tracks on a parcel of land in Stockton, California, that was contaminated by petroleum. The petroleum was spilled at a nearby industrial site and migrated onto the property 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 | TYMKOVICH, Chief Judge.
This matter comes on for consideration of the Petitioners' Unopposed Motion to Clarify the Court's Opinion . The motion is construed as a petition for rehearing. See Fed. R. App. P. 2 ("On its own or a party's motion, a court of appeals may-to expedite its decision or for other good cause-suspen... | 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 | LUCERO, J., dissenting.
My majority colleagues predicate their opinion on the premise that the Environmental Protection Agency ("EPA") has impermissibly adopted a test under which a refinery can demonstrate disproportionate economic hardship only upon a showing of an existential threat to ongoing operations. Whether 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 | OPINION
M. SMITH, Circuit Judge:
Plaintiffs-Appellants Natural Resources Defense Council and Santa Monica Bay-keeper (collectively, the Plaintiffs) file this interlocutory appeal .from the district court’s dismissal of their- claims for injunc-tive relief as moot. We hold that we have jurisdiction over this appeal purs... | 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 | FLAUM, Circuit Judge.
The two thousand remaining Desert Bighorn Sheep, though (and perhaps because) highly prized by hunters, are a protected species in Mexico and the United States. Mexico offers a limited number of hunting permits for the sheep, but Scott Kuipers, a taxidermist, bypassed the process and bagged a shee... | 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 | FORTUNATO P. BENAVIDES, Circuit Judge:
Before the Court is the federal government’s civil enforcement action for Clean Water Act violations associated with the 2010 Deepwater Horizon oil spill in the Gulf of Mexico. Defendants BP Exploration & Production, Inc. (“BP”) and Ana-darko Petroleum Corporation (“Anadar-ko”) ap... | 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 | LEVIN H. CAMPBELL, Circuit Judge.
In the early morning hours of March 18, 1973, the SS ZOE COLOCOTRONI, a tramp oil tanker, ran aground on a reef three and a half miles off the south coast of Puerto Rico. To refloat the vessel, the captain ordered the dumping of more than 5,000 tons of crude oil into the surrounding wa... | 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 | NEWMAN, Circuit Judge:
In the aftermath of a massive oil spill in the St. Lawrence Seaway, the United States filed claims for cleanup costs against the owner of the discharging vessel. Some of the claims were based on § 311 of the Federal Water Pollution Control Act (FWPCA), 33 U.S.C. § 1321 (1976); others were based o... | 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 | STUART KYLE DUNCAN, Circuit Judge:
Steam-electric power plants generate most of the electricity used in our nation and, sadly, an unhealthy share of the pollution discharged into our nation's waters. To control this pollution, the Clean Water Act, 33 U.S.C. § 1251 et seq. , empowers the Environmental Protection Agency ... | 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 | COFFEY, Circuit Judge.
Plaintiff-appellant, Deborah Ryan (on her own behalf and on behalf of her son, Kevin Ryan) appeals the district court’s dismissal of her tort claim for injuries allegedly caused by her and her son’s exposure to defendant’s pesticide products. The district court dismissed the plaintiff’s claim aft... | 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 | SNEED, Circuit Judge:
This appeal raises a single legal issue: whether the Environmental Protection Agency (EPA) must comply with the National Environmental Policy Act of 1969 (NEPA), 42 U.S.C. §§ 4321-4370a, when it registers pesticides under the Federal Insecticide, Fungicide, and Rodenticide Act (FIFRA), 7 U.S.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 | Petition for review denied by published opinion. Circuit Judge M. BLANE MICHAEL wrote the opinion, in which Judge MURNAGHAN and Senior District Judge JAMES H. MICHAEL, Jr., joined.
OPINION
M. BLANE MICHAEL, Circuit Judge:
The Commonwealth of Virginia petitions for review of the Environmental Protection Agency’s final 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 | CYNTHIA HOLCOMB HALL, Senior Circuit Judge:
The instant case requires us to.determine whether a governmental body that acquires indicia of ownership in a property for the purpose of fostering private economic development thereon, but which retains those indicia for the purpose of securing repayment of the development 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 | Opinion by Judge FERGUSON; Concurrence by Judge MILAN D. SMITH, JR.; Concurrence by Judge FERGUSON.
FERGUSON, Circuit Judge:
The Lands Council and the Wild West Institute (collectively, “Lands Council”) appeal the district court’s denial of their motion for a preliminary injunction to halt the Mission Brush Project (“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 | MILAN D. SMITH, JR., Circuit Judge,
specially concurring:
Ecology Center v. Austin, 430 F.3d 1057 (9th Cir.2005) is binding law in this circuit and dictates the outcome of this case. See Gen. Constr. Co. v. Castro, 401 F.3d 963, 975 (9th Cir.2005) (“[W]e are bound by decisions of prior panels unless an en banc decision... | 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,
concurring, in which Judge REINHARDT also concurs.
I write separately to respond to Judge Smith’s special concurrence.
At the outset, I disagree with Judge Smith that Ecology Center was wrongly decided. I see little controversy in holding that an agency’s failure to confirm its hypotheses in 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
FISHER, Circuit Judge.
Cleve-Allan George and Dylan C. Starnes appeal from judgments of conviction and sentence entered against them following a jury trial in the United States District Court for the District of the Virgin Islands. Although these appeals have not been formally consolidated, we reso... | 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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