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1 | The CWA is a potent weapon. It imposes what have been described as “crushing” consequences “even for inadvertent violations.” Army Corps of Engineers v. Hawkes Co., 578 U. S. 590, 602 (2016) (Kennedy, J., concurring). Property owners who negligently discharge “pollutants” into covered waters may face severe criminal p... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Where the majority goes astray, however, is in concluding that the definition of the “private property” at issue in a case such as this turns on an elaborate test looking not only to state and local law, but also to (1) “the physical characteristics of the land,” (2) “the prospective value of the regulated land,” (3) t... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | The Florida Supreme Court puzzled over how the government’s demand for property can violate the Takings Clause even though “ ‘no property of any kind was ever taken,’ ” 77 So. 3d, at 1225 (quoting 5 So. 3d, at 20 (Griffin, J., dissenting)); see also 77 So. 3d, at 1229–1230, but the unconstitutional conditions doctrine ... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | The burden of federal regulation on those who would deposit fill material in locations denominated “waters of the United States” is not trivial. In deciding whether to grant or deny a permit, the U.S. Army Corps of Engineers (Corps) exercises the discretion of an enlightened despot, relying on such factors as “economic... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | 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 endangered animals. The Court's holding that the hunting and killing prohibition i... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | On the other side of the balance, affirmatively supporting a compensation requirement, is the fact that regulations that leave the owner of land without economically beneficial or productive options for its use – typically, as here, by requiring land to be left substantially in its natural state – carry with them a hei... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | As Justice Brennan explained: 'From the government's point of view, the benefits flowing to the public from preservation of open space through regulation may be equally great as from creating a wildlife refuge through formal condemnation or increasing electricity production through a dam project that floods private pro... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Had California simply required the Nollans to make an easement across their beachfront available to the public on a permanent basis in order to increase public access to the beach, rather than conditioning their permit to rebuild their house on their agreeing to do so, we have no doubt there would have been a taking. T... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Indeed, one of the principal uses of the eminent domain power is to assure that the government be able to require conveyance of just such interests, so long as it pays for them. J. Sackman, 1 Nichols on Eminent Domain § 2.1[1] (Rev. 3d ed.1985), 2 id. § 5.01[5]; see 1 id. § 1.42[9], 2 id. § 6.14. Perhaps because the po... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
0 | Our society and its governmental instrumentalities, having been less than alert to the needs of our environment for generations, have now taken protective steps. These developments, however praiseworthy, should not lead courts to exercise equitable powers loosely or casually whenever a claim of “environmental damage” i... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
0 | The objections made to the EPA regulations by petitioners have been numerous. We have considered those we believe to be the most substantial, and we find them insufficient to establish a case of arbitrary behavior on the part of the agency. The technical intricacy of the judgments at issue reminds us again of the const... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
0 | In Train v. Natural Resources Defense Council, 421 U. S. 60 (1975), relied upon by Brother Stevens’ dissent, this Court was not persuaded by “a single sentence in the Federal Register,” post, at 301 n. 18, but by our own “analysis of the structure and legislative history of the Clean Air Amendments,” 421 U. S., at 86, ... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
0 | Because the Forest Service limited motor vehicle use to a defined set of roads in each District, it complied with the Rule. Even if the proper interpretation of the word 'certain' were ambiguous, the Forest Service's definition of 'fixed' or 'definite' is permissible, consistent with the text of the Rule, and entitled ... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
0 | Let us be perfectly clear. Without question, section 4(f) imposes significant obligations upon a reviewing agency. See Save Our Heritage, 269 F.3d at 58. But the petitioners’ attempt to festoon those obligations with magic words, selectively culled from the Overton Park opinion, distorts the statute and overreads the C... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | The Fifth Amendment of the United States Constitution, made applicable to the States through the Fourteenth Amendment, Chicago, B. & Q.R. Co. v. Chicago, 166 U.S. 226, 239, 17 S.Ct. 581, 585, 41 L.Ed. 979 (1897), provides that “private property [shall not] be taken for public use, without just compensation.” We have re... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Today the Court abandons this long-held, basic limitation on government power. Under the banner of economic development, all private property is now vulnerable to being taken and transferred to another private owner, so long as it might be upgraded—i.e., given to an owner who will use it in a way that the legislature d... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | These two limitations serve to protect “the security of Property,” which Alexander Hamilton described to the Philadelphia Convention as one of the “great obj[ects] of Gov[ernment].” 1 Records of the Federal Convention of 1787, p. 302 (M. Farrand ed.1911). Together they ensure stable property ownership by providing safe... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | In moving away from our decisions sanctioning the condemnation of harmful property use, the Court today significantly expands the meaning of public use. It holds that the sovereign may take private property currently put to ordinary private use, and give it over for new, ordinary private use, so long as the new use is ... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Any property may now be taken for the benefit of another private party, but the fallout from this decision will not be random. The beneficiaries are likely to be those citizens with disproportionate influence and power in the political process, including large corporations and development firms. As for the victims, the... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | In sum, the Takings Clause bars the State from taking private property without paying for it, no matter which branch is the instrument of the taking. To be sure, the manner of state action may matter: Condemnation by eminent domain, for example, is always a taking, while a legislative, executive, or judicial restrictio... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | This can, I suppose, be called a windfall—though it is not much different from **2468 the windfalls that occur every day at stock exchanges or antique auctions, where the knowledgeable (or the venturesome) profit at the expense of the ignorant (or the risk averse). There is something to be said (though in my view not m... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Perhaps we are witnessing today the emergence of a whole new concept in Compensation Clause jurisprudence: the Robin Hood Taking, in which the government's extraction of wealth from those who own it is so cleverly achieved, and the object of the government's larcenous beneficence is so highly favored by the courts (tak... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | Rewriting the argument to eliminate the play on words makes clear that there is nothing to it. It is quite impossible to understand how a requirement that people already on the public beaches be able to walk across the Nollans' property reduces any obstacles to viewing the beach created by the new house. It is also imp... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
1 | That is simply an expression of the Commission's belief that the public interest will be served by a continuous strip of publicly accessible beach along the coast. The Commission may well be right that it is a good idea, but that does not establish that the Nollans (and other coastal residents) alone can be compelled t... | The following paragraph is drawn from a judicial opinion. Please determine if individualistic reasoning is involved by listing 1(if it is present) or 0(if not present). Individualistic reasoning is defined as when considerations such as the value of personal autonomy, rights of ownership, or entrepreneurial freedom inf... |
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