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1 | A long-standing executive order “require[s] federal agencies to include environmental-justice analysis in their NEPA reviews.” Sierra Club v. FERC, 867 F.3d at 1368; see Executive Order 12,898, § 1-101, 59 Fed. Reg. 7,629 (Feb. 11, 1994). The environmental-justice analysis forces agencies “to consider whether the proje... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | As Justice Douglas pointed out nearly [fifty] years ago, ‘[a]s often happens with interstate highways, the route selected was through the poor area of town, not through the area where the politically powerful people live.’ ” Jersey Heights Neighborhood Ass'n v. Glendening, 174 F.3d 180, 195 (4th Cir. 1999) (King, J., c... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | We conclude, in agreement with the FAA, that Boston's claim is properly before this court because it arises under NEPA and the APA, rather than the two orders cited above. The FAA exercised its discretion to include the environmental justice analysis in its NEPA evaluation, and that analysis therefore is properly subje... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | We agree. When conducting an environmental justice analysis, an agency's delineation of the area potentially affected by the project must be “reasonable and adequately explained,” Cmtys Against Runway Expansion, 355 F.3d at 689, and include “a rational connection between the facts found and the decision made,” id. at 6... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | On remand, the Commission must explain why it chose to analyze the projects’ impacts only on communities in census blocks within two miles of the project sites, or else analyze the projects’ impacts on communities within a different radius of each project site. Additionally, it must explain whether its finding that “al... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | Sierra Club contends that FERC misread “disproportionately high and adverse,” the standard for when a particular environmental effect raises an environmental-justice concern. By Sierra Club's lights, any effect can fulfill the test, regardless of its intensity, extent, or duration, if it is not beneficial and falls dis... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | Indeed, under Virginia law, the Board is required to consider “character and degree of injury to ... health,” and “suitability of the activity to the area.” Va. Code Ann. § 10.1–1307(E). Both Respondents and ACP acknowledge that Virginia law -- including the Commonwealth Energy Policy and factors outlined in § 10.1-130... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | Even if the entire Board made this assumption, it did not properly carry this assumption through its analysis. See Va. Code Ann. § 10.1–1307(E) (requiring Board to consider “character and degree of injury to, or interference with, safety, health, or the reasonable use of property which is caused or threatened to be cau... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | The Board's reliance on air quality standards led it to dismiss EJ concerns. Even if all pollutants within the county remain below state and national air quality standards, the Board failed to grapple with the likelihood that those living closest to the Compressor Station -- an overwhelmingly minority population accord... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | I concur in Chief Judge Wilkinson's well-reasoned opinion of the court. I write separately, however, to memorialize my serious concern with the shabby treatment the African–American residents of Jersey Heights have suffered at the hands of state and federal highway planners and officials. | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | With two alternate routes still under study in 1985, Caucasian residents who lived in the area surrounding Alternate 2—the more northerly route farther away from Jersey Heights—received individual notice about project planning, and subsequently raised timely objections to that proposed route. The residents of Jersey He... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | Having made these observations, I reiterate my wholehearted concurrence with the court's decision today to reinstate the appellants' federal and state challenges to the 1995 decision not to prepare a supplemental environmental impact statement, and to remand to the district court for further proceedings. It is my ferve... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | This case involves two federal-aid interstate highway projects in Charleston, West Virginia. Charleston lies in a narrow valley, along the Kanawha River and is bisected on the east by the Elk River which joins the Kanawha near the center of the city. The Triangle district is located along the south side of the Elk and ... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | As we ultimately decide this appeal on a legal basis and the district court's opinions stated the facts at length, we only need summarize the factual background of this case. Initially, we point out that the residents of Waterfront South are predominately minorities and the neighborhood is disadvantaged environmentally... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | The plaintiffs have adequately established that there is a substantial threat of irreparable injury. They complain that they are being deprived of their constitutional rights. That, in itself, may constitute irreparable injury, Henry v. Greenville Airport Commission, 284 F.2d 631, 633 (4th Cir. 1960); See Ethridge v. R... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
1 | Arlington Heights, supra, 429 U.S. at 267-268, 97 S.Ct. at 564-565, suggested various types of non-statistical proof which can be used to establish purposeful discrimination. The supplementary non-statistical evidence provided by the plaintiffs in the present case raises a number of questions as to why this permit was ... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
0 | In explaining the proposition that a stream of indirectly derived benefits does not flow from a private cause of action, the Abate court offered three supporting citations: Till v. Unifirst Fed. Sav. & Loan Ass'n, 653 F.2d 152, 158 (5th Cir. Unit A 1981); United States v. Capeletti Bros., Inc., 621 F.2d 1309, 1314 (5th... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
0 | For all of the foregoing reasons, the administrative record supports the FHWA’s finding that the FSU alternative will minimize harm to the Danville Historic District. Even if we were to conclude that the MS and FSU alternatives would impose a comparable amount of harm to Danville’s Historic District, we would be bound ... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
0 | We note, in this connection, that this case requires us not only to construe the FWPCA itself, but also to consider an arguable conflict between that Act and two statutes that EPA does not administer, the CZMA and the NFIA. While we of course owe considerable deference to EPA's interpretation of the FWPCA, we are not r... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
0 | Given this process, the Corps’ actions were not arbitrary and capricious. The record does not support Alaska Center’s allegations that the Corps simply designated whole classes of wetlands as unworthy of protection. Nor is there any allegation that the Corps ignored the reports from other agencies. It did not. Instead,... | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
0 | We conclude that the decision to regulate isolated waters based on their actual use as habitat by migratory birds is within Congress’ power under the Commerce Clause, and that it was reasonable for the Corps to interpret the Act as authorizing this regulation. Accordingly, we Affirm the judgment of the district court, | The following paragraph is drawn from a judicial opinion. Please determine if environmental justice reasoning is involved by listing 1(if it is present) or 0(if not present). Environmental justice reasoning is defined as when considerations such as distributional fairness in environmental protection or assuring procedu... |
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