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1. The opinion is an environmental law case. The case involves the Army Corps of Engineers and their proposed project, Cooper Lake and Channels, which raises environmental concerns and issues. The opinion primarily focuses on the procedural aspects of the case, specifically whether the Corps' environmental impact state...
E. GRADY JOLLY, Circuit Judge: The Army Corps of Engineers appeals an order of the district court permanently enjoining work on its proposed Cooper Lake and Channels project pending submission of an environmental impact statement which complies with the provisions of the National Environmental Policy Act (NEPA). Becaus...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the interpretation of a regulation regarding the modification of coal-fired electric power plants and the impact of those modifications on air quality. The opinion discusses the Clean Air Act and the EPA's role in regulating air pollution, which are both en...
POSNER, Circuit Judge. More than a decade ago the Environmental Protection Agency brought this suit against affiliated owners (we’ll pretend they’re a single entity, Cinergy) of a number of coal-fired electric power plants in the Midwest. The suit claims that Cinergy violated section 165(a) of the Clean Air Act, 42 U.S...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion addresses the Clean Air Act and the regional haze regulations, which are related to air quality and pollution control. This is an environmental law case as it deals with the Clean Air Act which is an environmental act.
WOLLMAN, Circuit Judge. In these consolidated petitions for review, the State of North Dakota (State), Great River Energy, and National Parks Conservation Association and Sierra Club (collectively Environmental Groups) challenge the final rule promulgated by Environmental Protection Agency (EPA) on April 6, 2012, see 7...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion discusses the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA), which is an environmental law. The opinion also talks about the holder of an easement burdening land which contains a hazardous waste facility, which is also related to ...
KOZINSKI, Circuit Judge. We must decide whether the holder of an easement burdening land which contains a hazardous waste facility is, by virtue of that interest alone, liable for cleanup costs as an “owner” or “operator” under the Comprehensive Environmental Response, Compensation and Liability Act (“CERCLA”), 42 U.S....
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the designation of critical habitat for the Mexican Spotted Owl, which is an endangered species. This is an environmental law case as it mentions ESA which is an environmental act and talks about endangered species which is an environmental issue.
OPINION BETTY B. FLETCHER, Circuit Judge: Arizona Cattle Growers’ Association (“Arizona Cattle”) appeals from the district court’s grant of summary judgment rejecting its challenge to the United States Fish and Wildlife Service’s (“FWS”) designation of critical habitat for the Mexican Spotted Owl. Arizona Cattle argues...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a challenge to state regulations regarding the disposal of hazardous wastes, and the court is required to consider the impact of these regulations on interstate commerce. This case is an environmental law case as it mentions the disposal of hazardous waste...
PETITION FOR REHEARING (Opinion August 8, 1990, 11th Cir., 910 F.2d 713) Before EDMONDSON, Circuit Judge, and HILL and HENDERSON, Senior Circuit Judges. BY THE COURT: While rehearing is unwarranted, the possibility that portions of this case have been mooted has made necessary a modification of our original opinion. I....
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion primarily deals with the preemption of state laws regulating oil spills and the protection of the marine environment, which is an environmental issue.
LYNCH, Circuit Judge. The states and the federal government have ongoing conflicts about the adequacy of federal laws protecting against maritime oil spills. Several states, including Massachusetts, have passed laws to protect particularly sensitive waterways. The framework for analyzing such conflicts derives from the...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion deals with a dispute including the EPA which is an environmental agency.
WALLACE, Circuit Judge: This case presents a troublesome jurisdictional issue arising in the wake of our decision in Shell Oil Co. v. Train, 585 F.2d 408 (9th Cir. 1978) (Shell). Aminoil U.S.A., Inc. (Aminoil) appeals from the district court’s order dismissing its action against Gorsuch, Administrator of the Environmen...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case deals with the construction of an interstate highway and the requirement for a further public hearing under section 128(a) of the Federal-Aid Highway Act as amended. This is an environmental law case as it deals with the construction of an interstate highway which ...
OPINION DUNIWAY, Circuit Judge: We elected to hear this case in banc, together with Lathan v. Brinegar, 9 Cir., 506 F.2d 677, also decided today, to consider whether the court erred in enjoining further work on an interstate freeway until a further public hearing is held under section 128(a) of the Federal-Aid Highway ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the Clean Air Act and the Environmental Protection Agency's (EPA) order closing United States Steel's last two operating open hearth furnaces in Birmingham, Alabama. The case primarily deals with the procedural aspects of intervention and the timing of a re...
GEE, Circuit Judge: In this consolidated appeal, the United Steelworkers of America, AFL-CIO (the Union) and Governor George C. Wallace, in his capacity as chief executive officer of the State of Alabama (the Governor) dispute an Environmental Protection Agency’s (EPA) order closing United States Steel’s last two opera...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the interpretation of a contractual duty to defend against "suits" and the impact of a federal environmental law, CERCLA, on the parties' obligations. The opinion primarily deals with the interpretation of the term "suit" in the context of comprehensive gen...
OPINION REINHARDT, Circuit Judge: The Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. § 9601 et seq. (“CERCLA”), establishes a retroactive strict liability regime that imposes joint and several liability upon past and current landowners or operators of properties or facilities from whic...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental act. The case revolves around the Clean Water Act (CWA) and the Endangered Species Act (ESA), which are both environmental acts. The case also involves the Army Corps of Engineers and the Environmental Protection Agency, which are both environmental agencies. The case also talks about...
ORDER AMENDING OPINION AND DENYING APPELLEES’ PETITION FOR REHEARING EN BANC AND AMENDED OPINION ORDER We amend our opinion originally filed on August 6, 2008, and commencing at slip op. 9919, as amended on March 27, 2009, and commencing at slip op. 3697 as follows: (1) We revoke the first sentence of the first full pa...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case primarily discusses the interpretation of the Clean Air Act, which is an act related to environmental protection.
Justice Alito, with whom Justice Thomas joins, concurring in part and concurring in the judgment. I concur in the judgment, and I agree with the Court’s displacement analysis on the assumption (which I make for the sake of argument because no party contends otherwise) that the interpretation of the Clean Air Act, 42 U....
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the Environmental Protection Agency (EPA) and the Clean Air Act (CAA), which are both related to environmental protection. The case also involves the removal of asbestos-containing floor tiles and mastic, which is a concern for environmental health and safe...
BAUER, Circuit Judge. The petitioner, Patrick Acker, is Director of Building and Grounds at Pewau-kee High School in Wisconsin, from which asbestos-containing floor tiles and mastic were removed in August 1997. After finding that the method and manner of that removal failed to comply with applicable federal regulations...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a dispute over who is responsible for cleaning up a hazardous substance, in this case, petroleum, that has leaked into the environment. The case also involves the interpretation of environmental statutes, such as CERCLA and the Oil Pollution Act.
EASTERBROOK, Circuit Judge. Twenty years ago the storied Rock Island Line, losing about $40 million annually, abandoned its railroad operations as part of a bankruptcy under § 77 of the Bankruptcy Act of 1898. See Chicago, Rock Island & Pacific R.R., 363 I.C.C. 150 (1980). Free of its cash sinkhole, the Rock Island ret...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the Wallisville Lake Project, which is an environmental project, but the opinion primarily focuses on the procedural requirements of the National Environmental Policy Act (NEPA) and the adequacy of the environmental impact statement. This is an environment...
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 first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the preparation of an environmental impact statement (EIS) on the Regional Development Plan (RDP), which is a long-range transportation systems and land use planning guide for the Atlanta area. This is an environmental law case as it mentions NEPA which is ...
JOHN R. BROWN, Chief Judge: The issue in this case is whether the defendants — the Atlanta Regional Commission (ARC), the Georgia Department of Transportation (GaDOT), the Metropolitan Atlanta Rapid Transit Authority (MARTA), and the United States Department of Transportation (USDOT) — must prepare an environmental imp...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion is an environmental law case because it discusses the criminal liability of a person who knowingly transports or causes to be transported any hazardous waste to a facility which does not have a permit. This is an environmental law case as it talks about the hazar...
RYMER, Circuit Judge, dissenting: While the majority’s approach is tempting, I am constrained to dissent because of the analysis of a parallel clause we adopted in United States v. Hoflin, 880 F.2d 1033 (9th Cir.1989), cert. denied, 493 U.S. 1083, 110 S.Ct. 1143, 107 L.Ed.2d 1047 (1990). 42 U.S.C. § 6928(d)(1) states t...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion discusses the Metropolitan Boston Air Quality Transportation Control Plan, which is an environmental issue. The opinion is primarily focused on the legal framework surrounding the Clean Air Act and the EPA's authority to regulate air pollution, which makes this ...
LEVIN H. CAMPBELL, Circuit Judge. We are asked to review the Metropolitan Boston Air Quality Transportation Control Plan (theplan). The plan is aimed at keeping two types of air-borne pollutants, photochemical oxidants and carbon monoxide, from exceeding within Greater Boston the national primary and secondary ambient ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a challenge to the use of artificial snow made from recycled wastewater on a public mountain, which is sacred to the American Indian plaintiffs. The plaintiffs claim that the use of recycled wastewater will desecrate the mountain and decrease their spiritu...
Opinion by Judge BEA; Dissent by Judge WILLIAM A. FLETCHER. BEA, Circuit Judge: In this case, American Indians ask us to prohibit the federal government from allowing the use of artificial snow for skiing on a portion of a public mountain sacred in their religion. At the heart of their claim is the planned use of recyc...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the protection of wild horses and burros, which is an environmental issue. The case also involves the interpretation of the Wild Free-Roaming Horses and Burros Act, which is a statute that regulates the management of public lands and is an environmental act...
CHOY, Circuit Judge: The United States Secretary of the Interior and subordinate officials (“Secretary”) appeal from the district court’s grant of summary judgment for the Animal Protection Institute of America, Inc. and the Fund for Animals, Inc. (“the API”). The district court enjoined the Secretary from transferring...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the interpretation of the Longshoremen’s and Harbor Workers’ Compensation Act (LHWCA) and the Occupational Safety and Health Act (OSHA), both of which are not necessarily environmental statutes. The case involves an individual who was injured painting a...
TIMBERS, Circuit Judge: Following our prior decision in this case on April 12, 1982, 676 F.2d 42 (2 Cir.1982), appellant petitioned for certiorari with respect to a part of our decision. On January 24, 1983, the Supreme Court entered the following order (459 U.S.-(1983)): “82-53 McCarthy v. Bark Peking. The petition fo...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The opinion discusses whether an attorney’s opinion work product material developed in prior terminated litigation may properly become the subject of discovery in connection with subsequent litigation. This is not related to environmental law.
WIDENER, Circuit Judge: This case presents the question whether an attorney’s opinion work product material developed in prior terminated litigation may properly become the subject of discovery in connection with subsequent litigation. The issue involves the work product doctrine of Hickman v. Taylor, 329 U.S. 495, 67 ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the regulation of religious practices in a prison and the application of the First Amendment. This is not related to environmental law and appears to be a First Ammendment case.
FEINBERG, Circuit Judge: Defendant Glenn Goord, Commissioner of the New York State Department of Correctional Services (DOCS), appeals from a judgment of the United States District Court for the Southern District of New York, after a bench trial before Judge Denise Cote. The judge found that Rule 105.11 of the DOCS Sta...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a dispute between a labor union and a corporation regarding the interpretation of a collective bargaining agreement, which is a legal document that outlines the terms and conditions of employment between the union and the corporation. This is not an environ...
OWEN, Circuit Judge: Paper, Allied-Industrial, Chemical and Energy Workers International Union, Local 4-12 (the Union) brought this suit to compel Exxon Mobil Corporation (Exxon-Mobil) to arbitrate two labor grievances pursuant to the parties’ collective bargaining agreement. The district court granted the Union’s moti...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This opinion is not an environmental law case. The case involves a dispute between Libya and the City of Englewood, New Jersey, over the taxation of a parcel of improved real estate purchased by Libya as a residence for its Head of Mission to the United Nations. This is not an environmental law case as issues regard...
OPINION OF THE COURT GIBBONS, Circuit Judge: This case, removed from the New Jersey Tax Court pursuant to 28 U.S.C. § 1441(d) (1982), is before us on an appeal authorized by 28 U.S.C. § 1292(b) (1982) from the order of the district court denying the motion of Socialist People’s Libyan Arab Jamahiri-ya (Libya) to dismis...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the Fair Debt Collection Practices Act, which is not an environmental law. The case also involves the use of a third-party's name to collect debts, which is not related to environmental law.
DEBRA ANN LIVINGSTON, Circuit Judge, concurring in part and dissenting in part: Finding “abundant evidence of the use of abusive, deceptive, and unfair debt collection practices by many debt collectors,” 15 U.S.C. § 1692(a) (emphasis added), Congress enacted the Fair Debt Collection Practices Act, 15 U.S.C. § 1692 et s...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves a dispute between two parties, Meisel and the Grunbergs, and the issue at hand is whether the Grunbergs' misrepresentation of Fanny Grunberg's intention to sell the properties constitutes a breach of fiduciary duty. This is not an environmental law cas...
SUMMARY ORDER Defendants-Counter-Claimants-Appellants Michael and Fanny Grunberg (collectively, “the Grunbergs”) appeal from an amended judgment entered on February 24, 2012 by the United States District Court for the Southern District of New York (Jones, /.). That judgment enforced a jury verdict that awarded Plaintif...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves a dispute between a distributor and a manufacturer, with the distributor alleging that the manufacturer's actions constitute a violation of the Sherman Act. The case mentions the sale of dictating machines which is not an environmental law case but rath...
KOELSCH, Circuit Judge: Hamilton and Doris Bushie (Bushie) were engaged in selling at retail and servicing Stenocord office dictating machines in the Phoenix, Arizona area, under a distributorship contract with defendant Stenocord Corporation. Steno-cord decided, however, to sell and service its machines in the area th...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The opinion discusses the case of Amy Elam, who brought claims pursuant to Title VII of the Civil Rights Act, the Pregnancy Discrimination Act, and the Iowa Civil Rights Act. The case involves discrimination against Elam due to her pregnancy, which is not an environmenta...
GRUENDER, Circuit Judge. Amy Elam brought claims pursuant to Title VII of the Civil Rights Act, 42 U.S.C. § 2000e et seq., the Pregnancy Discrimination Act (PDA), 42 U.S.C. § 2000e(k), and the Iowa Civil Rights Act of 1965 (ICRA), Iowa Code § 216.1 et seq., alleging that her employer, Regions Financial Corporation, and...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. This is an environmental law case. The case revolves around the plaintiffs' challenge to the State of Colorado's "Lynx Recovery Plan," which proposes to introduce Canadian lynx into Colorado, and the Forest Service's involvement with the plan. The plaintiffs allege that the Forest Service's involvement with the pla...
SEYMOUR, Chief Judge. Plaintiffs filed this action in federal district court seeking declaratory and injunctive relief with respect to the State of Colorado’s “Lynx Recovery Plan” (the Plan), which proposed to introduce Canadian lynx into Colorado. The complaint alleged that the Forest Service’s involvement with the Pl...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a dispute over a fish passage methodology and the interpretation of an agreement between dam owners and environmental agencies. The case directly involves environmental issues, such as fish passage and the protection of anadromous fish, and how the interpre...
KAYATTA, Circuit Judge, dissenting. The plaintiffs argue that the district court should have considered evidence that the defendants’ chosen methods of passing fish downstream are less than fully effective at keeping the fish out of the dam turbines. Normally, consideration of such an argument would lead us to ask: Wha...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion discusses the National Environmental Policy Act of 1969 and its application to a proposed airport project, and whether the federal government's failure to follow the procedures mandated by the Act is sufficient to make the project a federal project. This an envir...
COFFIN, Circuit Judge. Appellant, the City of Boston, appeals from the denial of a preliminary injunction which would have restrained the Massachusetts Port Authority [Port Authority] from continuing construction of the Outer Taxiway at Logan Airport, pending decision on the merits of Boston’s complaint that many feder...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case deals with the approval of a revision to the Tennessee state implementation plan (SIP) for air pollution control. It is environmental as it focuses on the interpretation of the Clean Air Act which is an enivronmental act. It also talks about air pollution which is ...
LIVELY, Circuit Judge. The State of New York petitions for review of a “final rule” promulgated by the United States Environmental Protection Agency (EPA) which approved a revision of Tennessee’s state implementation plan (SIP) for air pollution control. The revision permits an increase of from 1.2 to 2.8 pounds of sul...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion primarily focuses on the procedural and substantive sufficiency of the environmental impact statements (EIS) issued by the Corps, and the district court's decision to grant a preliminary injunction preventing Bayou Bridge from constructing a pipeline. The case i...
EDITH H. JONES, Circuit Judge: The United States Army Corps of Engineers (the "Corps") and Bayou Bridge Pipeline, LLC ("Bayou Bridge," a convenience that includes co-appellant Stupp Brothers, Inc.), appeal the district court's grant of a preliminary injunction preventing Bayou Bridge from constructing a pipeline in par...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is n environmental law case. It is a judicial opinion that discusses the jurisdiction of the United States Chemical Safety Board (CSB) and its authority to investigate a marine oil spill. The opinion is primarily concerned with the interpretation of the Clean Air Act and the definition of a "stationary...
JONES, Circuit Judge, dissenting. I respectfully disagree with the majority opinion, which assists the United States Chemical Safety Board (“CSB”) in expanding its jurisdiction into novel territory disallowed by Congress. This is the first time, in twenty years after CSB was ordained, that the agency has sought to inve...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case revolves around the interpretation of NEPA and CAA regulations, specifically whether the Federal Motor Carrier Safety Administration (FMCSA) must evaluate the environmental effects of cross-border operations of Mexican-domiciled motor carriers. This is an environme...
Justice Thomas delivered the opinion of the Court. In this case, we confront the question whether the National Environmental Policy Act of 1969 (NEPA), 83 Stat. 852 (codified, as amended, at 42 U. S. C. §§4321-4370f), and the Clean Air Act (CAA), 42 U. S. C. §§ 7401-7671q, require the Federal Motor Carrier Safety Admin...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. This opinion is an environmental law case. The case involves the Forest Service's decision not to use herbicides in the Lake States National Forests, and the plaintiff, MPIE, alleges that the Forest Service should have prepared an Environmental Impact Statement (EIS) before making this decision. The case primarily d...
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 first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves the Environmental Protection Agency's (EPA) decision to suspend and cancel the registration of three chemical toxicants, strychnine, sodium fluoroacetate (1080), and sodium cyanide, for use in predator control under the Federal Insecticide, Fungicide, and ...
WILLIAM E. DOYLE, Circuit Judge. This appeal seeks reversal- of the judgment of the district court granting preliminary injunctive relief against the Administrator of the Environmental Protection Agency. The order enjoined the Administrator from taking any further action to enforce a certain numbered order, P.R. Notice...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The judicial opinion primarily deals with the interpretation and application of the Clean Water Act (CWA) and the Administrative Procedure Act (APA). The opinion discusses the EPA's approval of Iowa's § 303(d) list, which is a list of waters that do not meet the state's wat...
MELLOY, Circuit Judge. Plaintiffs filed a complaint in district court under the Administrative Procedure Act (the “APA”), arguing that approval by the Environmental Protection Agency (the “EPA”) of the State of Iowa’s 2004 “ § 303(d) lists” violated several aspects of the Clean Water Act (the “CWA”). The district court...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a natural gas pipeline project and the Federal Energy Regulatory Commission's (FERC) decision to grant a Certificate of Public Convenience and Necessity (CPCN) to Georgia Strait Crossing Pipeline LP (GSX). The petitioner, Fuel Safe Washington (FSW), seeks...
ANDERSON, Circuit Judge. Petitioner Fuel Safe Washington (“FSW”) seeks review of two orders by the Federal Energy Regulatory Commission (“FERC”) granting a Certificate of Public Convenience and Necessity (“CPCN”) to Georgia Strait Crossing Pipeline LP (“GSX”), permitting GSX to build a new natural gas pipeline and anci...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a defendant who sold a golden eagle skin and other migratory bird parts to a federal undercover agent, and the government charged him with violations of the Migratory Bird Treaty Act, the Bald and Golden Eagle Protection Act, and the Lacey Act. This is a...
TACHA, Circuit Judge. Defendant-Appellant Johnny Sandia sold a golden eagle skin and other migratory bird parts to a federal undercover agent on several occasions in 1996. Based on these sales and the information gathered during its investigation, the government charged Sandia with eleven violations of the Migratory Bi...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The case involves a dispute between the Klamath-Siskiyou Wildlands Center and the U.S. Forest Service regarding the Forest Service's approval of suction dredge mining operations in the Rogue River-Siskiyou National Forest, but the opinion primarily addresses the issue of whe...
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 first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
1. The opinion is an environmental law case. The opinion primarily deals with the Economic Regulatory Administration's (ERA) orders authorizing imports of Canadian natural gas, and the challenges raised by Panhandle Producers and Royalty Owners Association (PPROA) to the ERA's reliance on the Secretary of Energy's 1984...
PATRICK E. HIGGINBOTHAM, Circuit Judge: In each of these three consolidated cases, the Economic Regulatory Administration issued an order authorizing imports of Canadian natural gas despite the objections of petitioner, Panhandle Producers and Royalty Owners Association. PPROA’s petition for review raises a number of o...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves a dispute over a contract between a consulting company (CACI) and an employee (Broussard), which raises questions about the company's policies and practices regarding employment and termination. The opinion discusses the legal framework governing employ...
COFFIN, Circuit Judge. This is a case of parties entering into a relationship with unarticulated and contradictory assumptions resulting in frustrated expectations. This is also a case which, though terminating in a summary judgment for defendants, 104 F.R.D. 613, has been anything but summary in the quantity of counts...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the possession of child pornography, which is not related to the environement. It has no reference to any issues which relate to the protection of the health of wildlife or the greater environment.
OPINION OF THE COURT FUENTES, Circuit Judge: Appellant Donald R. Miller was sentenced to thirty months’ imprisonment and a lifetime term of supervised release following his conviction for possession of child pornography and possession of marijuana. The District Court imposed eight special conditions of supervised relea...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The reason is that the case involves a fraudulent enterprise related to the textile industry which is not an environmental issue in nature. The case also involves the use of shell companies and fictitious assets, which is not directly related to the environment. Addition...
MEMORANDUM OPINION ALAN E. NORRIS, Circuit Judge. Defendant llene Moses stands convicted of fifty-two counts related to a long-term fraudulent enterprise. On appeal, she argues that the district court erred 1) by allowing the introduction of an exhibit by the government that consisted of charts which helped the jury li...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. It appears that the opinion is actually a criminal law case, specifically a case involving a guilty plea and sentencing. The opinion does not address any environmental law issues.
Affirmed by unpublished PER CURIAM opinion. Unpublished opinions are not binding precedent in this circuit. PER CURIAM: Allen Wayne Poston pled guilty, with the benefit of a written guilty plea, to wire fraud and aiding and abetting the same, in violation of 18 U.S.C.A. § 1343 (West 2000 & Supp.2011), and 18 U.S.C. § 2...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The case appears to be more related to tax law than environmental law. The case involves a petition to quash IRS summonses and the district court's jurisdiction, with no apparent connection to environmental issues.
MEMORANDUM Samuel D. Bates and Joyce M. Bates appeal pro se from the district court’s order dismissing in part for lack of subject matter jurisdiction and denying in part their petition to quash three Internal Revenue Service (“IRS”) summonses issued under 26 U.S.C. § 7602. We have jurisdiction under 28 U.S.C. § 1291. ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The reason is that the opinion addresses issues regarding thSpecifically, the opinion discusses the impact of drug cartels on the individual and the potential risks and consequences of removing him back to Mexico. This appears to be an immigration case rather than an e...
PER CURIAM. Gustavo Quintero-Soria petitions for review of an order of the Board of Immigration Appeals (BIA) that affirmed an immigration judge’s (IJ) denial of his application for asylum, withholding of removal, and relief under the Convention Against Torture (CAT). Quintero-Soria is a native and citizen of Mexico. H...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. This appears to be more of a labor law case. The case talks about the National Labor Relations Act which in this context ins not related to the environment.
LEVET, District Judge: The National Labor Relations Board petitions for enforcement of its order under Section 10 of the National Labor Relations Act, 29 U.S.C. § 151 et seq. The Board’s decision and order are reported at 148 NLRB 278. The Board, agreeing with the Trial Examiner, found violations of Sections 8(a) (1), ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. No, this is not an environmental law case. The case involves the health and well-being of a prison inmate, which is not related to environmental law. The case discusses the Eighth Amendment, which is a part of the United States Constitution that protects individuals from cruel and unusual punishment. The case also m...
SYKES, Circuit Judge. Joni Zaya broke his wrist while he was an inmate at the Henry Hill Correctional Center in Galesburg, Illinois. The prison physician, Dr. Kul B. Sood, sent Zaya to an off-site orthopedic surgeon who took x-rays, fitted Zaya with a cast, and sent him back to the prison with instructions that he retu...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is an environmental law case. The opinion discusses the case of Steven Butler, who is seeking a certificate of appealability ("COA") from the district court's denial of his Rule 60(b) motion. The motion sought relief from the district court's previous denial of his Atkins claim, which was related to h...
PER CURIAM: Having considered the parties’ briefs and oral arguments, Steven Butler’s motions for certificates of appealability and associated responses and briefing, and the state and district court’s orders on Butler’s habeas petitions and Federal Rule of Civil Procedure 60(b) motion, we have determined as follows: (...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The case involves the production and distribution of child pornography, which is not related to environmental law in any manner. The case also involves the use of technology, which in this context is not related to the environment. The case also involves the consideration of th...
JAMES E. GRAVES, JR., Circuit Judge: After a bench trial, Defendant-Appellant David Diehl was convicted of ten counts of sexual exploitation of a child/production of child pornography in violation of 18 U.S.C. § 2251(a) and sentenced to 600 months of imprisonment. After electing to proceed pro se on appeal, Diehl chall...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The opinion addresses the removal of a lock and security specialist from a federal prison camp due to disrespectful conduct towards a supervisor which is not related to environmental law.
NEWMAN, Circuit Judge. Mr. Brian D. Sullivan appeals the Merit Systems Protection Board’s order dismissing, as res judicata, his appeal relating to his removal. We affirm, the dismissal. DISCUSSION Mr. Sullivan was employed as a lock and security specialist at the Federal Prison Camp Nellis in North Las Vegas, Nevada, ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. This is because it addresses an issue related to the Illinois tow-truck insurance statute. The statute requires tow-truck operators to carry specified levels of insurance, including "truck (auto) liability insurance” in an amount no less than $500,000. This has nothing...
SYKES, Circuit Judge. S & S Service Company performed occasional maintenance and repair service on a fleet of Coca-Cola delivery trucks regularly kept at the softdrink company’s bottling plant in central Illinois. S & S would usually provide this service onsite at the Coca-Cola plant, but sometimes it would take the tr...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. No, this is not an environmental law case. The case involves the "Anti-Kickback Statute," which is designed to prevent corruption in the public service and protect the public from the evil consequences of corruption. Preventing corruption is not a direct concern of environmental law. The case also involves the awar...
WOODBURY, Senior Circuit Judge (by designation). The appellant and one Bernard J. Champy, of Andover and Methuen, Massachusetts, respectively, were indicted in the court below for violation of the so-called “Anti-Kickback Statute.” 60 Stat. 37, 38 (1946), 41 U.S.C. §§ 51, 54 (1958). The indictment alleges and it is not...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The case simply is clarifying the scope of the en banc hearing. This is purely procedural in nature and not related to environmental law.
ORDER A majority of the active judges having voted for rehearing en banc in the above appeal, it is ORDERED that the Clerk of this Court vacate the opinion and judgment filed January 17, 2001, and list the above case for rehearing en banc at the convenience of the Court. The en banc proceedings shall be limited to the ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. No, it is not an environmental law case. The case involves the regulation of tender offers and the protection of investors, which is not related to environmental law. The case also touches on issues related to the balance between federal and state laws, which is not applicable to environmental law in this case.
LEVIN H. CAMPBELL, Circuit Judge. This is an appeal from a preliminary injunction entered by the district court, 542 F.Supp. 231, enjoining officials of the Commonwealth of Massachusetts from enforcing provisions of the Massachusetts takeover statute, Mass.Gen.Laws ch. HOC (as amended by 1981 Mass.Acts ch. 508), agains...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The opinion deals with the reentry of an alien into the United States after deportation, which is related to immigration and border control, but not the environment. The case involves the use of a prior felony conviction to enhance a sentence, which is not related here as the ...
PER CURIAM: Renard Anthony Desgouttes appeals his 57-month sentence imposed after pleading guilty to illegally reentering the United States after deportation, in violation of 8 U.S.C. § 1826(a) and (b)(2). After review, we affirm Desgouttes’s sentence. I. BACKGROUND Prior to this case, Desgouttes, a Jamaican national, ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the transportation of firearms and stolen goods in interstate commerce, which is not related to environmental law or protecting the environment.
BRIGHT, Circuit Judge. Appellant Anthony J. Cardarella challenges his jury convictions on three counts of violation of 18 U.S.C. § 922(h) (1970), for receiving firearms transported in interstate commerce after having been convicted of a felony; two counts of violation of 18 U.S.C. § 922(j) (1970), for receiving stolen ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. No, the opinion is not an environmental law case. The case involves a drug ring and related violent activities, which are not environmental issues. The case also involves the distribution and sale of crack cocaine, which is not an environmental issue in nature. Additionally, the case involves the use of firearms and...
No. 93-5329 affirmed and No. 93-5542 affirmed in part remanded with instructions by published opinion. Chief Judge ERVIN wrote the opinion, in which Judge WILKINSON and Senior Judge PHILLIPS joined. OPINION ERVIN, Chief Judge: Defendants Sandra Reavis and Lance Thomas, tried separately on numerous charges stemming from...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The opinion discusses the Maine Department of Human Services' (DHS) practice of intercepting federal tax refunds to satisfy Aid to Families with Dependent Children (AFDC) debts. The case involves the collection of child support and the use of AFDC benefits, which is a social an...
LEVIN H. CAMPBELL, Circuit Judge. Adam Mushero, representing plaintiff class, appeals from the judgment of the United States District Court for the District of Maine denying his request for declaratory and injunctive relief pursuant to 42 U.S.C. § 1983 against the Maine Department of Human Services (“DHS”). Mushe-ro cl...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The case addresses the issue of distributing leaflets on a public street within the limits of a military post, which is a public space, and the military's ability to restrict access to this space. The case involves the First Amendment protection of free speech and the right to ...
Per Curiam. Petitioner John Thomas Flower, a regional “Peace Education Secretary” of the American Friends Service Committee and a civilian, was arrested by military police while quietly distributing leaflets on New Braunfels Avenue at a point within the limits of Fort Sam Houston, San Antonio, Texas. In an ensuing pros...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0 This is not an environmental law case. The reason is that the case involves the Convention Against Torture (CAT), which is an international treaty that addresses issues related to human rights and protection from torture, and not environmental issues. It appears that this case is actually an immigration law case rath...
SUMMARY ORDER Petitioner Yong Zhang, a citizen of China, seeks review of the January 12, 2007 order of the BIA affirming the September 14, 2005 decision of Immigration Judge (“IJ”) Patricia A. Rohan, denying petitioner’s application for asylum, withholding of removal, and relief under the Convention Against Torture (“C...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The case involves the artificial tooth manufacturer, Dentsply International, Inc., and its dealers, and the plaintiffs, two dental laboratories, alleging antitrust conspiracies and seeking damages and injunctive relief. The case touches on issues related to competition and mon...
OPINION OF THE COURT FISHER, Circuit Judge. These two antitrust cases, brought by two dental laboratories against an artificial tooth manufacturer and many of its dealers, are before us for the second time. In the first of the two cases, we must decide whether the District Court properly denied the plaintiffs’ motion f...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. No, this is not an environmental law case. The case involves the investigation of possible criminal misconduct by a psychotherapist in fraudulently obtaining reimbursements from medical insurance companies through the submission of false psychiatric patient care records. The main focus of the case is on the waiver o...
HARLINGTON WOOD, Jr., Circuit Judge. This is an appeal from the district court’s order granting the government’s petition to enforce a subpoena issued by the Special 1982 Grand Jury in connection with its investigation of possible criminal misconduct by an Illinois psychotherapist, Dr. Kersey Antia, in fraudulently obt...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The opinion addresses the issue of the doctor-patient privilege and its relation to medical insurance. The case involves the disclosure of patients' information to a grand jury, which is a matter of importance and requires careful consideration to protect the patients' confiden...
WILLIAM P. GRAY, Senior District Judge, concurring. I agree with my colleagues and the district court that the grand jury is engaged in a matter of such importance that it should receive the information that it reasonably needs pertaining to the patients of Dr. Antia. I also join with Judge Wood in his expression of co...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves a toxic reaction to prescription medication. The case also involves the prescription of medication to a minor, which raises concerns about the health and well-being of the child. This case is not an environmental law case as the detrimental effect on h...
MAGILL, Circuit Judge. In this diversity case, the district court dismissed the Appellants’ complaint which set forth a cause of action for contribution, finding that the Colorado statute of limitations had expired before the suit was filed. We conclude that the complaint was timely filed and, thus, reverse and remand ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves a dispute between a union and a company regarding the handling of cream horns, which are a type of pastry. The case talks about the impact of the union's actions on the company's operations. This appears to be more like a labor law case and does not imp...
BREYER, Chief Judge. On April 4, 1988, John Achilli, a union shop steward and a bakery sales driver at the John J. Nissen Baking Company, told other drivers not to load extra boxes of cream horns (a kind of eclair) that Nissen wanted them to transport. Nissen immediately dismissed Achilli for having violated an anti-wi...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the expulsion of a doctor from a professional organization due to his handling of certain surgical cases. This appears more like a malpractice law case as the potential detrimental effect on health would be caused by the surgeon not a environmental issu...
PELL, Circuit Judge. Plaintiff Hyman Duby, a Doctor of Medicine in his early sixties who specializes in surgery but does not have Board certification in surgery, here seeks review of the decision of the defendant American College of Surgeons to expel him. The district court, after a combined hearing on the defendant’s ...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case because it addresses the issue of the parol evidence rule, which is not an environmental rule. The case involves a dispute between a rose service and a cereal company, and the issue at hand is whether the written purchase order supersedes the alleged oral agreements betwe...
INGRAHAM, Circuit Judge. This diversity suit was brought by plaintiff-appellee Harville Rose Service against Kellogg Company, defendant-appellant, for the breach of a contract covering a rose premium advertising campaign to be used by appellant in the sale of its product, Kellogg’s Corn Flakes. The principal issue here...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. No The opinion is not an environmental law case. The case involves the seizure of marijuana, which is a controlled substance, and the court's analysis of the Fourth Amendment's protection against unreasonable searches and seizures. The opinion also discusses the use of the drug courier profile, which is a tool used...
NATHANIEL R. JONES, Circuit Judge. Defendant-appellant, Steven E. Saperstein, was stopped at the Detroit Metropolitan Airport by Drug Enforcement Agency (DEA) personnel who ultimately conducted a search of his suitcase and discovered marijuana. Saperstein appeals from his subsequent conviction for possession with inten...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. This appears to be a civil procedure case, as it deals with the rules and procedures for filing appeals and proceeding in forma pauperis. The case does not address any significant environmental issues or concerns.
PER CURIAM: Charles Higgins, II, Texas prisoner # 1710764, seeks our authorization to proceed in forma pauperis (IFP) in his appeal of the district court’s dismissal of his 42 U.S.C. § 1983 action as frivolous. By his IFP motion in this court, Higgins questions the district court’s denial of IFP status and certificatio...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the possession and distribution of controlled substances, which is not a topic related to environmental law.
TACHA, Circuit Judge. Defendant Derek Mendes appeals his conviction for possession with intent to distribute cocaine and heroin, 21 U.S.C. section 841(a), and raises various constitutional challenges to his ten-year minimum mandatory sentence imposed pursuant to 21 U.S.C. section 841(b)(1)(B). We affirm. I. This case a...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. This is not an environmental law case. The opinion discusses the National Labor Relations Act (NLRA) and its preemptive effect on state labor laws, specifically the California Agricultural Labor Relations Act (ALRA). The case involves a dispute between a company (Bud Antle) and a labor union (Fresh Fruit and Vegetab...
REINHARDT, Circuit Judge: This ease involves several complicated questions regarding the preemptive effect of the National Labor Relations Act (“NLRA” or “the Act”). Bud Antle, Inc., (“Bud” or “the company”) appeals the district court’s Rule 12(b)(6) dismissal of its action against the members and executive secretary o...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The reason is that the case involves a bank robbery, which is not an environmental law issue.
PER CURIAM: Rodney Charles appeals his conviction and sentence for attempted bank robbery, in violation of 18 U.S.C. § 2113(a). He challenges the district court’s jury instruction on attempted bank robbery in two ways. First, he argues that the court abused its discretion by refusing to include his requested instructio...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the admissibility of DNA profiling evidence, which is a scientific technique used to identify individuals based on their genetic characteristics. The court's decision to admit the DNA profiling evidence while excluding statistical probability analysis a...
LARSON, Senior District Judge. Adrian Paul Martinez was convicted by a jury in the United States District Court for the District of South Dakota of aggravated sexual abuse and sexual abuse of a minor in violation of 18 U.S.C. §§ 1153, 2241(a)(1) and 2243. Martinez appeals, challenging three aspects of the court’s rulin...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...
0. The opinion is not an environmental law case. The case involves the use of a thermal imaging device to detect marijuana plants in a shed, which is a violation of the Fourth Amendment. This is not an environmental case, as it implicates 4th ammendment concerns about searching marijuana, it does not focus on the envi...
PER CURIAM. In this appeal following remand, Defendants Franklin John Black and Catherine Black appeal the district court’s denial of their motion to suppress. Defendants argue that (1) police used observations obtained unlawfully from within Defendants’ curtilage in obtaining the search warrant, (2) the warrantless us...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by first listing 1 (if it is) or 0 (if it is not) and then giving a brief reason. Some examples of environmental law cases are those which address issues regarding the environment, protection of wildlife, natural resources...