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1. Yes, this is an environmental law case. The case involves the National Environmental Policy Act of 1969 (NEPA) and the plaintiffs are challenging the development of the Earth City project due to its potential environmental impacts. The project involves the construction of an urban levee and a highway interchange, wh...
EISELE, District Judge. This case is before the Court on appeal from summary judgment entered on behalf of defendants Linclay Development Corporation and Earth City Corporation and from orders of dismissal entered on behalf of all of the other defendants in the court below. The trial court’s memorandum opinion is repor...
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, human health, natural resources, and othe...
The judicial opinion provided is an environmental law case. The reasons for this classification include: * The opinion addresses issues regarding the environment, human health, natural resources, and other related topics. * The case involves a challenge to a local ordinance that prohibits smoking in enclosed publi...
KANNE, Circuit Judge. Appellants, who own bars in Indianapolis-Marion County, Indiana, filed suit seeking injunctive and declaratory relief against enforcement of the 2012 Indianapolis-Marion County smoking ordinance. The district court denied the bar owners’ motion for a preliminary and permanent injunction and entere...
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, human health, natural resources, and othe...
The opinion is an environmental law case. The reason is that the case addresses issues related to the environment, human health, and natural resources. The Clean Air Act (CAA) is a federal law that regulates air pollution and sets standards for the prevention of significant deterioration (PSD) of air quality. The case...
E. GRADY JOLLY, Circuit Judge: Today we are presented with claims brought by the United States asserting that Luminant Generation Company and Big Brown Power Company violated the Clean Air Act by failing to obtain a statutorily mandated preconstruction permit for the modification of their facilities. The government see...
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, human health, natural resources, and othe...
This is an environmental law case. The case addresses the issues of the Corps' decision regarding whether an Environmental Impact Statement was necessary for a coal loading facility and fleeting operation on the Green River, and whether the Corps complied with the National Environmental Policy Act, the Rivers and Harbo...
PER CURIAM. This is an appeal from a decision by the United States District Court for the Western District of Kentucky granting the defendants’ motions for summary judgment, Honorable James Gordon presiding. The action in the district court was brought to contest the granting of a permit under Section 10 of the Rivers ...
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, human health, natural resources, and othe...
1. This is an environmental law case. The reason is that the case involves an action taken by the Corps of Engineers that may have a significant impact on the environment, specifically the Village of Onton, and the plaintiffs are seeking to have the Corps prepare an environmental impact statement. This indicates that t...
GEORGE CLIFTON EDWARDS, Jr., Chief Judge, dissenting. The United States Army Corps of Engineers issued a permit to defendant, Onton Dock, Inc., authorizing the construction of a coal loading facility on the banks of the Green River. One year after the date of the permit, plaintiff’s representing families in the unincor...
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, human health, natural resources, and othe...
The opinion is an environmental law case. It is a judicial opinion that addresses issues related to the environment, human health, and natural resources, all of which are key topics in environmental law. The case involves the Clean Air Act, which is a federal law that regulates air pollution, and the Environmental Prot...
OPINION BYBEE, Circuit Judge: In the late 1970s, Congress declared it a “national goal” to improve air visibility in federal parks and forests. 42 U.S.C. § 7491(a)(1); see also 40 C.F.R. § 81.400 et seq. (listing all national parks, national monuments, and wilderness areas Congress sought to protect). To achieve that g...
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, human health, natural resources, and othe...
1. This is an environmental law case. The opinion discusses the procedures by which the Administrator of the United States Environmental Protection Agency (EPA) has undertaken to inaugurate enforcement of environmental protection standards through a state permit program submitted to the Administrator by the Governor of...
EDWARDS, Circuit Judge. In this action, filed originally in this court, petitioner, Peabody Coal, attacks the procedures by which Russell E. Train, Administrator of the United States Environmental Protection Agency has undertaken to inaugurate enforcement of environmental protection standards through a state permit pro...
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, human health, natural resources, and othe...
This is an environmental law case. The opinion addresses issues related to the environment, human health, natural resources, and other related topics, including the Clean Water Act, the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), and the Resource Conservation and Recovery Act (RCRA)....
GARWOOD, Circuit Judge: These consolidated appeals arise from the trial of a 37-count indictment against two corporations and nineteen individuals for violations of federal environmental laws in the operation of a chemical transfer and storage facility. At the conclusion of the proceedings in the district court, only 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, human health, natural resources, and othe...
1. The opinion is an environmental law case because it addresses issues regarding the environment, specifically the pollution of navigable waters by log driving activities. The court's decision involves the interpretation and application of the Rivers and Harbors Act of 1899, which is a federal law that regulates the d...
COFFIN, Chief Judge. In 1971, the United States filed a suit against the Kennebec Log Driving Company, a Maine chartered membership corporation which has conducted annual log drives on the upper Kennebec River since 1835, and against its only present members, codefendants Scott Paper Company and Hudson Pulp and Paper 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, human health, natural resources, and othe...
The judicial opinion provided is an environmental law case. The opinion addresses issues related to the protection of endangered species, specifically tigers and leopards, under the Endangered Species Act (ESA). The case involves a defendant, William Kapp, who was convicted of multiple violations of the ESA and the Lac...
KANNE, Circuit Judge. A jury convicted William Kapp for multiple violations of the Endangered Species Act and the Lacey Act connected with the killing of, and trafficking in, endangered tigers and leopards and their meat, hides, and other parts. On appeal, Kapp claims he is entitled to a new trial because the evidence ...
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, human health, natural resources, and othe...
1 The opinion is an environmental law case. The case revolves around the regulatory process through which BP built and maintained the Atlantis Platform, a semi-submersible floating oil production facility located in the Gulf of Mexico. The plaintiffs' claims center on whether engineers approved the various stages of co...
HAYNES, Circuit Judge: Plaintiffs Kenneth Abbott and Food & Water Watch, Incorporated appeal the district court’s grant of summary judgment on all claims in favor of Defendants BP Exploration & Production, Inc., BP America, Inc., BP p.l.c., and BP Products North America Inc. (collectively, “BP”). We AFFIRM. I. Backgrou...
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, human health, natural resources, and othe...
1 (it is) The opinion is an environmental law case because it addresses issues regarding the environment, specifically the potential effects of a highway project on the quality of the human environment. The court discusses the requirements for preparing an Environmental Impact Statement (EIS) under the National Envir...
LEVIN H. CAMPBELL, Chief Judge. This is an appeal by the No East-West Highway Committee, Inc. (“NEWHC”) from a decision by the United States District Court for the District of New Hampshire denying NEWHC’s motion for a preliminary injunction to restrain the appellee, John P. Chandler, the New Hampshire Highway Commissi...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. This is evident because it addresses issues related to air pollution prevention and control, specifically the implementation plan submitted by the State of California and the actions of state and federal officials in promulgating regulations and plans to prevent pollution-cr...
OPINION SCHNACKE, District Judge: This action, purportedly brought under the air pollution prevention and control statute, 42 U.S.C. § 1857 et seq., was dismissed by the court below. We affirm. Appellants commenced this action to enjoin the further construction and operation by appellees of a large regional shopping ce...
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, human health, natural resources, and othe...
The opinion is an environmental law case because it addresses issues related to the environment, human health, natural resources, and other topics. The case involves the regulation of cooling water intake structures by the Environmental Protection Agency (EPA) and its application to large, existing power plants. The op...
SOTOMAYOR, Circuit Judge. This is a case about fish and other aquatic organisms. Power plants and other industrial operations withdraw billions of gallons of water from the nation’s waterways each day to cool their facilities. The flow of water into these plants traps (or “impinges”) large aquatic organisms against gri...
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, human health, natural resources, and othe...
The opinion is an environmental law case because it deals with issues related to the environment, human health, natural resources, and other topics. The case involves the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA) and its provisions for contribution actions, response actions,...
OPINION CALLAHAN, Circuit Judge: Section 113(f)(3)(B) of the Comprehensive Environmental' Response, Compensation, and Liability Act of 1980 (“CERCLA”) allows persons who have taken actions to clean up hazardous waste sites to seek monetary contribution from other parties who are also responsible for the contamination. ...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. It addresses the issue of whether the court of appeals has original subject matter jurisdiction to review a petition for review of an administrative rule that exempts transfers of waters of the United States from the requirements for a permit under the Clean Water Act. The c...
PRYOR, Circuit Judge: In this matter, we must decide whether we have original subject matter jurisdiction over several petitions for review of an administrative rule that exempts transfers of waters of the United States from the requirements for a permit under the Clean Water Act, 33 U.S.C. § 1251 et seq., or whether w...
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, human health, natural resources, and othe...
This is an environmental law case. The judicial opinion discusses the Clean Water Act, the Corps’s jurisdiction over non-navigable tributaries, and the district court’s remediation order. The case involves issues related to the protection of navigable waters, the regulation of discharges into non-navigable tributaries,...
Affirmed by published opinion. Judge MICHAEL wrote the opinion, in which Judge WILKINSON and Judge LUTTIG joined. OPINION MICHAEL, Circuit Judge: This is the second appeal by James and Rebecca Deaton, who were sued by the government under the Clean Water Act (sometimes, “the CWA” or “the Act”), 33 U.S.C. § 1251 et seq....
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, human health, natural resources, and othe...
Based on the provided text, I would determine that this is an environmental law case. The main issue in the case is whether the U.S. Forest Service's changes to certain forest plans in the Southern Region of the United States complied with the National Environmental Policy Act (NEPA) and the National Forest Management ...
CUDAHY, Circuit Judge: The basic substantive issue in this consolidated appeal is whether a coalition of environmental groups (collectively, Ouachi-ta) is correct that the U.S. Forest Service’s (Forest Service’s) changes to certain forest plans in the Southern Region of the United States failed to comply with the Natio...
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, human health, natural resources, and othe...
Based on the provided judicial opinion, the case is an environmental law case. The opinion discusses the expansion of the J.R. Simplot Smoky Canyon Mine and its potential impact on the environment, particularly regarding selenium pollution. The case involves the National Environmental Policy Act (NEPA), the Clean Water...
Opinion by Judge THOMAS; Dissent by Judge B. FLETCHER. OPINION THOMAS, Circuit Judge: Greater Yellowstone Coalition, Natural Resources Defense Council, Sierra Club, and Defenders of Wildlife (collectively “Greater Yellowstone”) appeal the district court grant of summary judgment on Greater Yellowstone’s action claiming...
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, human health, natural resources, and othe...
The judicial opinion provided is an environmental law case. The reason for this classification is that the opinion addresses issues related to environmental standards, pollution, and the impact of human activities on the natural environment. The opinion specifically discusses the Clean Water Act, National Forest Manage...
B. FLETCHER, Circuit Judge, dissenting: I respectfully dissent. Although I concur in Part II.C of the majority opinion, I cannot agree with the majority that the federal agencies acted neither arbitrarily nor capriciously when approving the Smoky Canyon Mine expansion project. The majority violates both the letter 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, human health, natural resources, and othe...
This is an environmental law case. The case addresses issues regarding the environment and natural resources, specifically the presence of hazardous waste at a site, which is a topic relevant to environmental law. The case also involves the government's secrecy regarding this information, which could be related to envi...
HARLINGTON WOOD, Jr., Circuit Judge, concurring. While I recognize that the current posture of the case makes it impossible to reopen our original opinion, Kasza v. Browner, 133 F.3d 1159 (9th Cir.1998), I feel that I must write separately in this successive appeal. I strongly believe that the unusual nature of this ca...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case because it addresses issues related to natural resources and the environment, as indicated by the court's consideration of the retrospective application of its holding in relation to the district court's consideration on remand. This suggests that the case involves environmen...
The Washington Legal Foundation's motion for leave to file brief as amicus curiae in support of Appellee's petition for rehearing en banc is GRANTED . The panel votes to deny the petition for rehearing en banc. The full court has been advised of the petition for rehearing en banc, and no judge requested a vote on wheth...
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, human health, natural resources, and othe...
1. This is an environmental law case. Reason: The case involves the Clean Air Act Amendments of 1970, which deals with air pollution, and the petitioners are public utility companies that operate power plants in Ohio and Kentucky. The case also involves the Administrator of the EPA and the state plans for pollution ab...
WEICK, Circuit Judge. The petitioners are public utility companies which operate power plants within the State of Ohio and the Commonwealth of Kentucky. Pursuant to the Clean Air Act Amendments of 1970, 42 U.S.C. §§ 1857 to 1858 (1973 Supp.), Ohio and Kentucky submitted pollution-abatement plans to the Administrator of...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case because it addresses issues related to the environment, human health, and natural resources, specifically the preparation of an Environmental Impact Statement (EIS) for a proposed highway project. The opinion involves the consideration of environmental impacts, alternatives, ...
EDWARD S. SMITH, Senior Circuit Judge. The North Buckhead Civic Association, et al., appeal the June 13, 1989, Order of the United States District Court for the Northern District of Georgia denying their motions to enjoin construction of the Georgia 400 Extension, a proposed multi-lane highway with a median designed to...
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, human health, natural resources, and othe...
The judicial opinion is an environmental law case. This is because it addresses issues regarding the environment, human health, natural resources, and other related topics. Specifically, the opinion deals with the promulgation of final regulations defining “interference” and “pass through” for purposes of the National ...
McMILLIAN, Circuit Judge. In January 1987 the Administrator of the Environmental Protection Agency (EPA) promulgated final regulations defining “interference” and “pass through” for purposes of the National Pretreatment Standards. 40 C.F.R. § 403.3(i), (n) (1987). The Arkansas Poultry Federation filed this petition see...
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, human health, natural resources, and othe...
Based on the provided judicial opinion, the answer to whether the opinion is an environmental law case is: 1 (yes) The opinion is an environmental law case because it addresses issues related to the environment, specifically the listing of a historic district on the National Register of Historic Places. The case invo...
WALKER, Circuit Judge. Plaintiffs-appellees, residents of the hamlet of Coleman Station in New York state, claimed in the United States District Court for the Southern District of New York (Robert W. Sweet, District Judge) that the Keeper of the National Register of Historic Places, an officer of the National Park Serv...
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, human health, natural resources, and othe...
This opinion is an environmental law case. The reason is that the opinion discusses the environmental impact statement for the Cooper Lake project and the standards of review that apply to the agency's decision not to discuss certain alternatives to the project, which are key aspects of environmental law. The opinion a...
ON PETITION FOR REHEARING AND SUGGESTION FOR REHEARING EN BANC (Opinion July 16, 5th Cir.1984, 736 F.2d 262). Before TATE, JOLLY and DAVIS, Circuit Judges. E. GRADY JOLLY, Circuit Judge: No member of this panel nor Judge in regular active service on the Court having requested that the Court be polled on rehearing en ba...
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, human health, natural resources, and othe...
1. This is an environmental law case. The opinion discusses issues related to the environment, human health, and natural resources, such as the contamination of soil and groundwater, the release of petroleum products, and the impact on the health of individuals living near the contaminated site. The case also involves ...
Affirmed in part and reversed and remanded in part by published opinion. Judge ERVIN wrote the opinion, in which Senior Judge LAY and Judge TRAXLER joined. OPINION ERVIN, Circuit Judge: Ardith and Lawrence Cavallo sued Star Enterprise, which operates a petroleum distribution terminal located near their home, alleging v...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. The case addresses issues regarding the environment, human health, natural resources, and other related topics, specifically the application of the Endangered Species Act of 1973 to activities in foreign countries. The opinion discusses the consultation requirement in § 7(a)...
Justice Stevens, concurring in the judgment. Because I am not persuaded that Congress intended the consultation requirement in § 7(a)(2) of the Endangered Species Act of 1973 (ESA), 16 U. S. C. § 1536(a)(2), to apply to activities in foreign countries, I concur in the judgment of reversal. I do not, however, agree with...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. This is evident from the discussion of the Comprehensive Environmental Response Compensation and Liability Act (CERCLA) and the Federal Water Pollution Control Act (FWPCA), which are both environmental laws. The case involves a spill of a hazardous substance, styrene, into t...
PER CURIAM: The United States challenges the district court’s dismissal of the government’s claim filed in limitation of liability proceedings instituted by Cropwell Leasing Company and Dravo Basic Materials Co., Inc., as owner and chartered owner respectively of the MTV SCAUP. We are persuaded that the government is e...
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, human health, natural resources, and othe...
1. This is an environmental law case. The case involves the Clean Water Act, a federal law that aims to control pollution of the nation's waters. The case discusses issues related to the environment, human health, and natural resources, which are all key topics in environmental law. The case also involves a citizen enf...
In Union Oil Co. v. Sierra Club, — U.S. -, 108 S.Ct. 1102, 99 L.Ed.2d 264 (1988), the Supreme Court vacated our opinion in Sierra Club v. Union Oil Co., 813 F.2d 1480 (9th Cir.1987), and remanded the matter for further consideration in light of Gwaltney v. Chesapeake Bay Foundation, — U.S. -, 108 S.Ct. 376, 98 L.Ed.2d ...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case because it addresses issues related to the environment, specifically the Clean Air Act and the Ohio State Implementation Plan, which deals with air quality standards and regulations. The case involves a revision of the Ohio SIP that was approved by the U.S. EPA, and the court...
LIVELY, Circuit Judge. The Ohio Environmental Council (OEC or petitioner) petitions for review of a “final rule” of the United States Environmental Protection Agency (U.S. EPA or respondent) approving a revision of the Ohio State Implementation Plan (SIP) previously adopted by Ohio and approved by U.S. EPA on May 31, 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, human health, natural resources, and othe...
The opinion is an environmental law case, as it addresses issues related to the environment, human health, natural resources, and other related topics. Specifically, it deals with the impact of a uranium mine on the water supply and the environment of the Grand Canyon, and the Tribe's claims under the National Environm...
PER CURIAM: The Havasupai Tribe appeals the district court’s affirmance of the decision of the Forest Service, which approved the development of a uranium mine in the area of the Grand Canyon. The Tribe had opposed the development, arguing that the plot of land involved is an area of religious significance to them, 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, human health, natural resources, and othe...
The judicial opinion is an environmental law case. The case deals with the liability of a current owner of a property for environmental response costs incurred before the owner acquired the property. The opinion discusses the Comprehensive Environmental Response, Compensation, and Liability Act ("CERCLA") and the Penns...
JORDAN, Circuit Judge. We are asked in this interlocutory appeal to decide whether the owner of a piece of land is liable for the costs of an environmental cleanup that took place there before the owner acquired it. Our answer is yes. Trainer Custom Chemical, LLC ("Trainer") acquired a property known as the Stoney Cree...
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, human health, natural resources, and othe...
1. (Yes) The opinion is an environmental law case because it addresses issues related to the environment, human health, natural resources, and other related topics. The case involves the cleanup of a hazardous waste site, the costs associated with the cleanup, and the liability of responsible parties. The opinion disc...
COFFIN, Senior Circuit Judge. In July of 1977, the Picillos agreed to allow part of their pig farm in Coventry, Rhode Island to be used as a disposal site for drummed and bulk waste. That decision proved to be disastrous. Thousands of barrels of hazardous waste were dumped on the farm, culminating later that year in 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, human health, natural resources, and othe...
This opinion is an environmental law case. The case specifically addresses the issue of whether a municipal corporation (City of Ran-cho Palos Verdes) is considered a “person” under the Endangered Species Act (ESA), which is a federal environmental law. The court is examining the definition of a “person” under the ESA ...
LOVELL, District Judge: The question of first impression here before the court is whether the City of Ran-cho Palos Verdes (hereinafter “City”) is a “person” under the Endangered Species Act (hereinafter “ESA”), 16 U.S.C. § 1531 et seq. This court has jurisdiction pursuant to 28 U.S.C. § 1291 and 18 U.S.C. 3731. The 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, human health, natural resources, and othe...
Based on the provided judicial opinion, the case is an environmental law case because it addresses issues related to the environment, human health, natural resources, and other topics. The opinion discusses regulations and guidelines related to water pollution, thermal discharges, and the use of cooling lakes and tower...
WIDENER, Circuit Judge: This action is brought under § 509(b)(1) of the Federal Water Pollution Control Act [Act] and seeks review of certain regulations promulgated by the Environmental Protection Agency (EPA) pursuant to its authority under §§ 301, 304, 306 and 316(a). These regulations establish limitations on the d...
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, human health, natural resources, and othe...
This is an environmental law case. The opinion addresses issues related to the regulation of pollution, specifically the variance provisions in the Clean Water Act. The majority opinion discusses the application of the variance clause in 40 C.F.R. § 423.12(a) and its relation to the statutory variance clause in § 301(c...
BREITENSTEIN, Circuit Judge (concurring and dissenting): I concur in the majority opinion except for its rejection of the variance provision which is found in 40 C.F.R. § 423.12(a) and which applies to the limitations set for the 1977 step in the “Generating Unit Subcategory.” Section 423.12(a) is virtually identical 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, human health, natural resources, and othe...
Based on the provided judicial opinion, the case is an environmental law case. The opinion discusses the applicability of the excess land provision of Section 46 of the Omnibus Adjustment Act of 1926 to privately owned lands in the Imperial Irrigation District that receive irrigation water through the All-American Cana...
WOLLENBERG, District Judge: The Imperial Valley in southern California is a highly productive agricultural area. This is due to an extensive irrigation system which distributes water obtained from the Colorado River, for without this irrigation water the Imperial Valley would be an unproductive desert. At issue in thes...
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, human health, natural resources, and othe...
The judicial opinion is an environmental law case because it addresses issues related to the environment, human health, natural resources, and other topics. The opinion discusses the EPA's decision to disapprove a proposed revision to the Alabama State Implementation Plan (SIP) and the court's interpretation of the Cle...
MOLLOY, District Judge, concurring in part and dissenting in part: I agree with much of the Court’s opinion, including its determination that the EPA was not required to issue a SIP call as the exclusive means of revising the SIP approved in 2008. To that extent, I concur in the majority opinion. But I respectfully dis...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. This is evident because it deals with the Clean Air Act, which is a federal law that regulates air quality and emissions, and the case involves a dispute over the Environmental Protection Agency's (EPA) handling of a utility company's application for an extension of a compli...
OPINION LUTTIG, Circuit Judge: The Monong'ahela Power Company and two other utilities (collectively “Monongahela”) brought suit against the Administrator of the Environmental Protection Agency to compel him to process their application for an extension of a compliance deadline and collateral request for emissions allow...
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, human health, natural resources, and othe...
The opinion is an environmental law case. This is because it addresses issues related to the environment, such as the regulation of nuclear power plants and the potential risks associated with them. The opinion also discusses the relationship between state and federal regulations, and how they interact with each other ...
FLETCHER, Circuit Judge: These are consolidated appeals from two district court decisions, 489 F.Supp. 699, 472 F.Supp. 191, invalidating portions of California’s Warren-Alquist Act. The WarrenAlquist Act regulates all electric plants in California and imposes a moratorium on the construction of new nuclear plants. 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, human health, natural resources, and othe...
This is an environmental law case. The National Environmental Policy Act of 1969 (NEPA) requires the Department of Housing and Urban Development (HUD) to prepare an environmental impact statement before allowing a disclosure statement filed with it by a private real estate developer to become effective. The case involv...
Mr. Justice Marshall delivered the opinion of the Court. Today we must decide whether the National Environmental Policy Act of 1969 (NEPA) requires the Department of Housing and Urban Development (HUD) to prepare an environmental impact statement before it may allow a disclosure statement filed with it by a private rea...
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, human health, natural resources, and othe...
The opinion is an environmental law case, listed as 1. The reason is that the case addresses issues related to the environment, human health, natural resources, and other topics. The case involves a dispute over the development of a public housing project, with the plaintiffs arguing that the defendants failed to compl...
MOORE, Circuit Judge: The plaintiffs Trinity Episcopal School Corporation (Trinity) and Trinity Housing Company, Inc. together with Intervening-Plaintiffs Roland H. Karlen, Alvin C. Hudgins and CONTINUE (Committee Of Neighbors To Insure a Normal Urban Environment) appeal from judgments in favor of defendants, who for p...
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, human health, natural resources, and othe...
The opinion is an environmental law case. This is evident from the fact that the case deals with the licensing of a low-level radioactive waste disposal facility, which is a type of environmental regulation. The case also involves the application of federal and state environmental laws, including the Low-Level Radioact...
MURPHY, Circuit Judge. The Central Interstate Low-Level Radioactive Waste Commission (the Commission) and Entergy Arkansas, Entergy Gulf States, Entergy Louisiana, Wolf Creek Nuclear Operating Corporation, and the Omaha Public Power District (the Utilities) brought this action against the State of Nebraska, its Departm...
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, human health, natural resources, and othe...
The opinion is an environmental law case. The main issue in the case is whether the Air Force's decision to discharge a number of employees at Kelly Air Force Base triggers the requirement to prepare an Environmental Impact Statement (EIS) under the National Environmental Policy Act of 1969 (NEPA). The plaintiffs argue...
GEE, Circuit Judge: Plaintiffs Image of Greater San Antonio and American Federation of Government Employees, A.F.L., C.I.O., Local 1617, filed separate suits against the Secretary of Defense and others challenging a proposed reduction in force (RIF) at Kelly Air Force Base. Plaintiffs alleged in their complaints that 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, human health, natural resources, and othe...
1. The opinion is an environmental law case. The case deals with the preparation and submission of an environmental impact statement (EIS) under the National Environmental Policy Act of 1969 (NEPA) and compliance with the Federal-Aid Highways Act, specifically 23 U.S.C. § 128(a), which requires consideration of the eco...
WIDENER, Circuit Judge: This case comes to us after remand in 463 F.2d 402 (4th Cir. 1972). When the matter was first here, we partially affirmed and remanded for further consideration and such proceedings as might be necessary with respect to two specific facets of the case: (1) the filing of an environmental impact 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, human health, natural resources, and othe...
1. This is an environmental law case because it addresses issues related to the environment and natural resources, specifically the discharge of refuse matter into a navigable water of the United States. The case involves the defendant's alleged violation of the Clean Water Act (33 U.S.C. § 407), which regulates the di...
PER CURIAM: Valley Camp Coal Company appeals from a judgment of the district court imposing a fine upon a finding that the defendant, in violation of 33 U.S.C. § 407, did unlawfully “throw, discharge, or deposit, or cause, suffer, or procure to be thrown, discharged, or deposited . . from the shore,” refuse matter, to-...
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, human health, natural resources, and othe...
1. 1 The opinion is an environmental law case because it addresses issues related to the environment, human health, and natural resources. The case involves the Clean Air Act, a federal law that regulates air pollution, and the government is prosecuting W.R. Grace and its executives for allegedly releasing hazardous ai...
BETTY B. FLETCHER, Circuit Judge: From 1963 until the early 1990s, W.R. Grace (“W.R. Grace” or “Grace”) mined and processed a rich supply of vermiculite ore outside of Libby, Montana. In response to ongoing serious health problems suffered by Libby residents, the government obtained an indictment charging W.R. Grace an...
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, human health, natural resources, and othe...
The opinion is **1** (it is an environmental law case). The opinion discusses the environmental impact of the construction of Canal Place, Phase II, and the city's compliance with the National Environmental Policy Act (NEPA) and the National Historic Preservation Act (NHPA). The court reviews the city's environmental a...
JOHNSON, Circuit Judge: Appellants, Vieux Carre Property Owners, Residents and Associates, Inc., and the Louisiana Landmark Society, filed this lawsuit against the United States Department of Housing and Urban Development (HUD) and the City of New Orleans (the City) seeking to enjoin the use of federal funds granted to...
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, human health, natural resources, and othe...
Based on the provided text, the opinion is an environmental law case, and the answer to the question is 1. The reason is that the case involves the Interstate Commerce Commission's decision to expand commercial zones and terminal areas, which may have environmental impacts, such as increased traffic congestion, air pol...
DUNIWAY, Circuit Judge: These are petitions to set aside a report and order issued by the Interstate Commerce Commission in Ex Parte No. MC-37 (Sub-No. 26), Commercial Zones and Terminal Areas, 1976, 128 M.C.C. 422. In that proceeding the Commission adopted new rules for determining geographic boundaries of commercial ...
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, human health, natural resources, and othe...
1. This is an environmental law case. The opinion addresses issues related to the Clean Air Act, including allegations of permit violations, the calculation of economic benefit, and the imposition of civil penalties. The case also involves a discussion of the Texas Commission on Environmental Quality's (TCEQ) role in e...
FORTUNATO P. BENAVIDES, Circuit Judge: This appeal concerns a Clean Air Act (“CAA”) citizen suit brought by Plaintiffs-Appellants Environment Texas Citizen Lobby Incorporated and Sierra Club (“Plaintiffs”) against ExxonMobil Corporation, ExxonMobil Chemical Company, and ExxonMobil Refining & Supply Company (collectivel...
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, human health, natural resources, and othe...
1. Yes, this is an environmental law case. The case addresses issues regarding the environment, specifically the conditions of a National Pollution Discharge Elimination System (NPDES) permit and the Environmental Protection Agency's (EPA) authority to impose those conditions on an outfall at a steam generating plant. ...
GARWOOD, Circuit Judge: Petitioner challenges the conditions of a National Pollution Discharge Elimination System (NPDES) permit and the Environmental Protection Agency’s (EPA) authority to impose those conditions on an outfall at petitioner’s steam generating plant. We determine that this Court lacks jurisdiction over...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by 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, human health, natural resources, and othe...
The opinion is an environmental law case. This is evident from the content of the opinion, which discusses the National Environmental Policy Act ("NEPA") and the National Forest Management Act ("NFMA") as they relate to the USFS's projects in the Plumas National Forest. The opinion also mentions the potential harm to t...
OPINION FISHER, Circuit Judge: This interlocutory appeal concerns three United States Forest Service (“USFS”) projects — Empire, Slapjack and Basin— that attempt to fund fire prevention activities in the Plumas National Forest in California by awarding logging contracts to private parties. We must decide whether the di...
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, human health, natural resources, and othe...
The opinion is an environmental law case. It addresses issues related to the environment, human health, and natural resources. The case involves the Forest Service's timber sales and its potential conflict of interest in implementing forest plans and awarding contracts. The opinion discusses the importance of impartial...
NOONAN, Circuit Judge, concurring: Impaired Impartiality. That judges cannot supplement their salaries, however inadequate they may be, by imposing fines provided by law on those convicted of lawbreaking seems to be a pretty elementary principle of justice. Yet the civilized state of Ohio and the Supreme Court of that ...
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, human health, natural resources, and othe...
This is an environmental law case. The case involves the Environmental Protection Agency ("EPA") and the Clean Air Act, which addresses issues related to air emissions and pollution. The case specifically deals with the EPA's common control determination regarding two entities, Ocean County Landfill Corporation ("OCLC"...
OPINION OF THE COURT AMBRO, Circuit Judge. The Environmental Protection Agency (“EPA”) issued a letter opining that facilities operated by Ocean County Landfill Corporation (“OCLC”) and Manchester Renewal Power Holdings (“MRPC”) were under common control for the purposes of air emissions permitting. In this 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, human health, natural resources, and othe...
The opinion described above is an environmental law case. The case involves the setting of effluent limitations for the discharge of deck drainage and produced water from oil platforms in Cook Inlet, Alaska. The petitioners, oil companies, challenge the effluent limitations contained in permits issued to them under sec...
SNEED, Circuit Judge: In these consolidated cases, petitioning oil companies challenge effluent limitations contained in permits issued to them under section 402 of the Federal Water Pollution Control Act. In cases 75-3794 and 75-3796, the permits provide for the limited discharge of deck drainage, produced water, 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, human health, natural resources, and othe...
1. The opinion is an environmental law case. This is because it addresses issues related to the environment, including the release of hazardous substances, the cleanup of contaminated sites, and the liability of responsible parties for response costs. The case involves the interpretation of the Comprehensive Environmen...
REAVLEY, Circuit Judge: In a private action brought under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (“CERCLA”), 42 U.S.C.A. §§ 9601-9675 (1983 & Supp.1989), Amoco Oil Co. (“Amoco”) sought a declaratory judgment for liability and response cost damages from Borden, Inc. (“Borden”),...
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, human health, natural resources, and othe...
This is an environmental law case. The case involves a dry cleaning facility that contaminated the soil and groundwater with a toxic chemical called PCE, and the owners and operators of the facility are being held liable for the costs of cleaning up the contamination. The case also involves a dispute over whether the c...
OPINION SCHROEDER, Circuit Judge: Two environmental statutes everyone loves to hate are the Comprehensive Environmental Response, Compensation, and Liability Act (“CERCLA”) and the Resource Conservation and Recovery Act (“RCRA”). In combination, they make owners of contaminated property and contributors to contaminatio...
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, human health, natural resources, and othe...
The judicial opinion is an environmental law case. This is because it addresses issues related to human health and natural resources, specifically the exposure to radioactive materials and nonradioactive heavy metals, and the potential harm caused by these exposures. The case involves claims for physical injuries and e...
OPINION KOZINSKI, Chief Judge: We interpret the Price-Anderson Act. Facts Daniel Golden worked at a facility on the Hanford Nuclear Reservation, operated by the CH2M Hill Hanford Group, Inc. (CH2M). CH2M stored liquid waste in large storage tanks; the liquid contained radioactive materials and nonradioactive heavy meta...
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, human health, natural resources, and othe...
The opinion is an environmental law case. This is because it addresses issues related to the environment, such as the cleanup of contaminated areas and the application of the Resource Conservation and Recovery Act ("RCRA"), which is a federal law that regulates the handling, storage, treatment, transportation, and disp...
OPINION OF THE COURT VANASKIE, Circuit Judge. “A request for attorney’s fees should not result in a second major litigation.” Hensley v. Eckerhart, 461 U.S. 424, 437, 103 S.Ct. 1933, 76 L.Ed.2d 40 (1983). Regrettably, requests for attorneys’ fees in this protracted environmental clean-up case have resulted not only in ...
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, human health, natural resources, and othe...
This is an environmental law case. The opinion addresses issues related to the environment, human health, and natural resources, specifically the regulation and disposal of polychlorinated biphenyls (PCBs). The case involves the assessment of a civil penalty against Yaffe Iron and Metal Company, Inc. for violating the ...
HOLLOWAY, Chief Judge. This is an appeal by Yaffe Iron and Metal Company, Inc., (Yaffe) from an order of the Environmental Protection Agency (EPA). In that order the Administrator affirmed the decision of the administrative law judge assessing a civil penalty of $21,-000 for violation of the Toxic Substances Control Ac...
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, human health, natural resources, and othe...
1. This is an environmental law case. The opinion addresses issues regarding the environment, human health, natural resources, and other related topics, specifically the interpretation and enforcement of the Alaska National Interest Lands Conservation Act (ANILCA) and its impact on subsistence fishing in rural Alaska. ...
KOZINSKI, Circuit Judge : We travel to the northern reaches of our circuit to resolve a dispute implicating two recurring Alaskan motifs: on the one hand, the clash between traditional and modern ways of life; on the other, fish. The Ke-naitze Indian Tribe claims that the state of Alaska is attempting to evade federal ...
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, human health, natural resources, and othe...
The opinion is an environmental law case. The case addresses issues related to the conservation of salmon and the rights of the Kenaitze Tribe to engage in subsistence fishing. The opinion discusses the traditional uses of salmon by the Tribe and the impact of commercial and sports fishing on the subsistence uses. The ...
NOONAN, Circuit Judge, with whom THOMPSON, Circuit Judge, joins, concurring: The Kenaitze live principally along the eastern shore of Cook Inlet from Anchor Point to Point Possession, though some possibly inhabit the western shore, principally at Kuskatan. Clare Swan, Subsistence Research Project Kenaitze Indian Tribe ...
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, human health, natural resources, and othe...
This is an environmental law case. The opinion describes a dispute over the liability of several parties for the cleanup costs of a contaminated site in New York, and the parties' arguments regarding the application of the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA). The case involves...
WESLEY, Circuit Judge: This case is yet another in a series of cases that attempt to chart the contours of liability of a potentially responsible party (“PRP”) under §§ 107(a)(4)(B) and 113(f)(3)(B) for contribution towards, and payment of, costs resulting from the identification and cleanup of hazardous substances und...
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, human health, natural resources, and othe...
The opinion is an environmental law case. The court addresses issues related to the National Environmental Policy Act (NEPA) and the potential environmental impacts of the Taum Sauk Pumped Storage Project's reconstruction and operation. The court considers whether FERC's decision not to evaluate the cumulative impact f...
BENTON, Circuit Judge. The Federal Energy Regulatory Commission (FERC) authorized reconstruction of the Taum Sauk Pumped Storage Project. Missouri Coalition for the Environment (MCE) and Missouri Parks Association (MPA) petition for review, asserting that FERC violated the National Environmental Policy Act (NEPA), 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, human health, natural resources, and othe...
This case is an environmental law case because it involves the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), which is a federal law that addresses issues regarding the environment, human health, and natural resources. The case also involves the Minnesota Environmental Response ...
RICHARD S. ARNOLD, Chief Judge. Control Data Corporation brought this suit under the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA), 42 U.S.C. § 9601 et seq., and the Minnesota Environmental Response and Liability Act (MERLA), Minn.Stat. § 115B.01 et seq. Following a bench trial,...
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, human health, natural resources, and othe...
The opinion is an environmental law case. It addresses issues related to the management of public lands, off-road vehicle use, and the protection of natural resources. The case involves the Bureau of Land Management's (BLM) restrictions on off-road vehicle use in Utah, and the plaintiff, Utah Shared Access Alliance (US...
TACHA, Chief Circuit Judge. Plaintiff-Appellant Utah Shared Access Alliance (“USA-ALL”) is Utah’s largest motorized access advocacy organization. Its members use motorized vehicles, including off-highway or off-road vehicles (“ORVs”), to access lands throughout Utah that are managed by the Bureau of Land Management (“B...
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, human health, natural resources, and othe...
The opinion is an environmental law case. The Clean Water Act and the EPA's regulations are central to the case, and the court's analysis focuses on the statutory and regulatory scheme underlying the EPA's oversight of Concentrated Animal Feeding Operations (CAFOs). The case involves issues related to water pollution, ...
CARL E. STEWART, Circuit Judge: In 2003, the Environmental Protection Agency (EPA) revised its regulations, implementing the Clean Water Act’s (CWA or the Act) oversight of Concentrated Animal Feeding Operations (CAFOs). Several parties challenged the 2003 revisions (hereinafter the 2003 Rule), and the Second Circuit r...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case because it addresses the issue of oil spills into navigable waters, which is a topic related to environmental law. The court is determining whether the Massachusetts Bay Transportation Authority is subject to civil penalties for causing oil spills into navigable waters, which...
ALDRICH, Senior Circuit Judge. The single question in this case, in which the facts were stipulated, is whether Massachusetts Bay Transportation Authority (MBTA) is subject to civil penalties pursuant to 33 U.S.C. § 1321 for causing oil spills into navigable waters. Section 1321 provides, in part, as follows. (a) For 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, human health, natural resources, and othe...
1 The opinion is an environmental law case because it involves the analysis of the environmental impacts of a proposed project on the quality of the human environment, which is a key aspect of environmental law. The case specifically deals with the National Environmental Policy Act (NEPA) and the National Forest Manage...
OPINION McKEOWN, Circuit Judge. Native Ecosystems Council (“Native Ecosystems”) appeals the district court’s grant of summary judgment to the United States Forest Service (“Forest Service”) in connection with the Forest Service’s approval of the Jimtown Vegetation Project (“Jimtown Project”) in the Helena National Fore...
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, human health, natural resources, and othe...
This is an environmental law case. The case involves the cleanup of New Bedford Harbor, which was contaminated with polychlorinated biphenyls (PCBs) and other hazardous substances. The National Wildlife Federation (NWF) intervened in the district court and appealed the entry of a consent decree, which was proposed by t...
SELYA, Circuit Judge. The National Wildlife Federation (NWF), an intervenor below, tries to appeal the entry of a consent decree concerning the cleanup of New Bedford Harbor. NWF bills the appeal as one involving critical interpretive questions anent the Comprehensive Environmental Response, Compensation, and Liability...
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, human health, natural resources, and othe...
1 (yes), The case is an environmental law case because it addresses issues related to the environment and natural resources, specifically the Clean Water Act and the discharge of pollutants into the waters of the United States. The case involves a charge of discharging pollutants without a permit, and the opinion discu...
OPINION PER CURIAM: Raymond C. Schallom, III, appeals various matters relating to his conviction and sentencing for violating the Clean Water Act (the “Act”) by discharging pollutants without a permit. Finding no reversible error, we affirm. I. Mr. Schallom was charged in a four-count superceding indictment with unlawf...
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, human health, natural resources, and othe...
To determine if the opinion is an environmental law case, I would first list 1 (if it is) or 0 (if it is not) and then give a brief reason. In this case, I would list 1. The opinion is an environmental law case because it involves the Federal Water Pollution Control Act, which is a law aimed at protecting the environm...
BONSAL, District Judge: This appeal involves the award to the plaintiffs of attorneys’ fees and expenses, pursuant to Title V, Section 505 of the Federal Water Pollution Control Act (“the Act”), 33 U.S.C. § 1365(d) (1982), in the amount of $30,000 by Order of the district court (Telesca, J.) filed on March 23, 1987. 65...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. The case involves the enforcement of environmental regulations and the EPA's power to enforce state implementing regulations under the Resource Conservation and Recovery Act of 1976 (RCRA). The case also involves the issue of whether the EPA can enforce financial assurance r...
EBEL, Circuit Judge. Plaintiff-Appellee United States, acting on behalf of the Environmental Protection Agency (“EPA”), sought a mandatory preliminary injunction directing Defendant-Appellants Power Engineering Company (“PEC”), Redoubt, Ltd., and Richard J. Lilienthal (collectively, “Defendants”), to comply with the fi...
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, human health, natural resources, and othe...
1 (yes) The opinion is an environmental law case because it addresses issues related to the preservation of the natural resources of the Columbia River Gorge and the regulation of land use and development activities within the area to protect its scenic, cultural, and recreational resources. The opinion discusses the c...
SCHROEDER, Circuit Judge: This is an action challenging the constitutionality of the Columbia River Gorge National Scenic Area Act, 16 U.S.C. §§ 544-544p which was enacted in 1986. Its purposes were to protect the economy and enhance the scenic, cultural, recreational and natural resources of the Columbia River Gorge. ...
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, human health, natural resources, and othe...
0. The opinion is not an environmental law case. The opinion is actually a judicial opinion regarding a case under the Clean Water Act, which is an environmental law case, but the opinion itself is not an environmental law case. It is a judicial opinion that interprets and applies the Clean Water Act. The opinion discu...
OPINION WILLIAM A. FLETCHER, Circuit Judge. This case presents the questions of whether a citizen plaintiff under the Clean Water Act must always notify the defendant of the specific dates of alleged violations in order to pursue claims for those violations, and whether that plaintiff can maintain a suit against a defe...
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, human health, natural resources, and othe...
This case is an environmental law case because it addresses issues related to the environment, specifically the regulation of radioactive materials and the disposal of hazardous wastes. The court is considering whether federal law preempts a state-law injunction to remove nonradioactive hazards when the nonradioactive ...
HARLINGTON WOOD, Jr., Circuit Judge. This case is yet another lawsuit concerning the approximately forty-three acres of land known as the Kerr-McGee West Chicago Rare Earths Facility. See City of West Chicago v. United States Nuclear Regulatory Commission, 701 F.2d 632 (7th Cir. 1983); Illinois v. Kerr-McGee Chemical 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, human health, natural resources, and othe...
The opinion is an environmental law case. This is because it addresses issues related to the environment, such as the impact of a proposed highway project on wetlands, the Monterey pine forest, and other natural resources. The case also involves the application of federal and state environmental laws, including the Nat...
BEEZER, Circuit Judge: ORDER The Opinion filed September 13, 1996, is withdrawn. OPINION This appeal arises from the proposed realignment of California State Highway 1 from the City of Carmel-by-the-Sea to nearby Hatton Canyon. The responsible governmental agencies studied this proposal and others and issued an Environ...
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, human health, natural resources, and othe...
This is an environmental law case. The opinion discusses the impact of a freeway project on the environment, specifically the wetlands and the Monterey pine forest, and the consideration of alternative solutions to mitigate these impacts. The opinion also addresses the procedural requirements of the National Environmen...
TROTT, Circuit Judge, Concurring and Dissenting. Then I witnessed the torture of Sisyphus, as he wrestled with a huge rock with both hands. Bracing himself and thrusting with hands and feet he pushed the boulder uphill to the top. But every time, as he was about to send it toppling over the crest, its sheer weight turn...
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, human health, natural resources, and othe...
This opinion is an environmental law case. The reason is that it addresses the environmental effects of a project, specifically the construction of a parking ramp, and whether these effects should have been considered in an Environmental Assessment under the National Environmental Policy Act (NEPA). The opinion discuss...
JOHN R. GIBSON, Circuit Judge. Eric Ringsred appeals from an adverse summary judgment and argues that a parking ramp in downtown Duluth, Minnesota cannot be constructed until the effects of this project on the environment and on historic properties are more formally considered. As jointly proposed by the Fond du Lac Ba...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. Reason: The opinion addresses the preemption of a federal common law nuisance claim for water pollution by the Federal Water Pollution Control Act (FWPCA) and the Maritime Protection, Research, and Sanctuaries Act of 1972 (MPRSA). The plaintiffs, commercial lobstermen, shel...
FAIRCHILD, Senior Circuit Judge. Plaintiffs, licensed commercial lobster-men, shellfishermen, and fishermen, and the Massachusetts Lobstermen’s Association, Inc., appeal from a judgment dismissing their maritime tort claim for alleged damage to fishing grounds caused by discharges of toxic substances. Relying on Suprem...
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, human health, natural resources, and othe...
1. This is an environmental law case. The opinion discusses the National Environmental Policy Act of 1969 and its application to a flood control project, specifically the Cache River — Bayou DeView Channelization Project. The court is considering whether the project complies with NEPA's requirements for an environmenta...
HEANEY, Circuit Judge. The primary question raised on this appeal is whether an environmental impact statement, filed by the Corps of Engineers in connection with the Cache River — Bayou DeView Channelization Project, complied with the National Environmental Policy Act of 1969. Secondary questions are whether the proje...
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, human health, natural resources, and othe...
The judicial opinion is an environmental law case. It addresses the issue of whether federal environmental and historic impact review is required for a local project to widen Third Street in Goshen, Indiana. The opinion involves the National Environmental Policy Act (NEPA), the National Historic Preservation Act (NHPA)...
EASTERBROOK, Circuit Judge. Municipal officials want to widen Third Street in Goshen, Indiana. Groups believing that this project would damage or destroy buildings of historic or architectural significance filed this suit under three federal statutes: Sections 106 and 110 of the National Historic Preservation Act (NHPA...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. It addresses issues related to oil spills, the National Pollution Funds Center, and the Oil Spill Liability Trust Fund, all of which are topics within the realm of environmental law. The case also involves the interpretation of the Oil Pollution Act of 1990, which is a feder...
PATRICK E. HIGGINBOTHAM, Circuit Judge: This appeal arises out of an oil spill on the Neches River. Appellants challenge the National Pollution Funds Center’s final claim determination denying reimbursement for costs arising from the spill. The district court rejected appellants’ challenge to the agency’s claim determi...
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, human health, natural resources, and othe...
This is an environmental law case. The case involves the requirement under Section 7(a)(2) of the Endangered Species Act (ESA) that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration’s National Marine Fisheries Service (Service) pr...
OPINION M. SMITH, Circuit Judge: In this appeal, we address the requirement under Section 7(a)(2) of the Endangered Species Act (ESA), 16 U.S.C. § 1531 et seq., that federal agencies must consult with the United States Fish and Wildlife Service (FWS) or the National Oceanic and Atmospheric Administration’s National Mar...
The following is a judicial opinion. Please determine if the opinion is an environmental law case by 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, human health, natural resources, and othe...
Based on the judicial opinion provided, I would determine that this is an environmental law case. The opinion discusses the Clean Water Act (CWA) and the Corps' interpretation of its jurisdiction over "navigable waters," specifically in relation to an abandoned sand and gravel pit used as habitat for migratory birds. T...
CHIEF Justice Rehnquist delivered the opinion of the Court. Section 404(a) of the Clean Water Act (CWA or Act), 86 Stat. 884, as amended, 33 U. S. C. § 1344(a), regulates the discharge of dredged or fill material into “navigable waters.” The United States Army Corps of Engineers (Corps) has interpreted § 404(a) to conf...
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, human health, natural resources, and othe...
1. The opinion is an environmental law case. The case involves the United States Forest Service's proposed Lonesome Wood Vegetation Management Project, which is designed to reduce the threat of wildfire in a populated area of the Gallatin National Forest in Montana. The project involves thinning just over 2,500 acres o...
W. FLETCHER, Circuit Judge: This appeal challenges the United States Forest Service's proposed Lonesome Wood Vegetation Management 2 Project ("Lonesome Wood 2" or "project"), designed to reduce the threat of wildfire in a populated area of the Gallatin National Forest in Montana. If implemented, Lonesome Wood 2 would e...
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, human health, natural resources, and othe...
This is an environmental law case. The opinion discusses the Clean Air Act and its application to the prevention of significant deterioration of air quality. The case involves a dispute over the EPA's decision to allow Nevada to split one of its clean air areas into two, and the petitioners argue that the EPA failed to...
CANBY, Circuit Judge. Great Basin Mine Watch petitions for review of a final rule of the Environmental Protection Agency (“EPA”) allowing Nevada to split one of its clean air areas (“area 61”) into two (“lower 61” and “upper 61”). Great Basin contends that the EPA, by approving the split, violated its statutory and reg...
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, human health, natural resources, and othe...
1. This is an environmental law case. The opinion addresses issues regarding the environment, human health, natural resources, and other related topics, such as the cleanup of a hazardous waste site and the liability of parties involved under the Comprehensive Environmental Response, Compensation, and Liability Act (CE...
PER CURIAM. These appeals arise out of the closure of a sanitary landfill in Wagoner County, Oklahoma. The district court granted summary judgment against County Line Investment Company (County Line) and Wagco Land Development, Inc. (Wagco), two current and former landfill owners, in their attempt to recover investigat...
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, human health, natural resources, and othe...
Based on the provided judicial opinion, we can determine that it is an environmental law case. Here's why: The opinion discusses the application of pesticides by the Suffolk County Department of Public Works to combat the spread of mosquito-borne illnesses. The plaintiffs argue that the County's actions violate the Cl...
CASTEL, District Judge: Defendants Suffolk County and the Suffolk County Department of Public Works, Division of Vector Control (collectively, the “County”) employ various measures to combat the spread of mosquito-borne illnesses, including the use of pesticides intended to kill adult mosquitoes in mid-flight. 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, human health, natural resources, and othe...
The opinion is an environmental law case. It addresses the issue of whether the federal government's approval of the Makah Tribe's plans to resume whaling in the waters off the Olympic Peninsula in Washington State, USA, is in compliance with the National Environmental Policy Act (NEPA) and the Marine Mammal Protection...
ORDER The panel majority opinion, as amended, appearing at 350 F.3d 815 (9th Cir.2003), is AMENDED as follows: On Page 844, in Part IV, after the sentence that ends “they must do so before any taking of a marine mammal”, insert the following footnote: In connection with petitions for rehearing en banc, the Appellees ur...
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, human health, natural resources, and othe...
This judicial opinion is an environmental law case. The opinion addresses issues related to the environment, human health, and natural resources. The case involves the United States Forest Service's Norbeck Wildlife Project, which aims to manage the Norbeck Wildlife Preserve in South Dakota. The project involves thinn...
MURPHY, Circuit Judge. Friends of the Norbeck and Native Ecosystems Council (collectively Friends of the Norbeck) brought this action against the United States Forest Service in connection with its Norbeck Wildlife Project (the Project). The State of South Dakota and the South Dakota Department of Game, Fish, and Parks...
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, human health, natural resources, and othe...
1. Yes, this is an environmental law case. The case addresses issues related to the environment, human health, and natural resources, as it deals with the regulation of air pollution and the implementation of the Clean Air Act Amendments of 1970. The case involves the interpretation of federal regulations and the autho...
LIVELY, Circuit Judge. The underlying question in this case is whether the Administrator of the Environmental Protection Agency (EPA) properly disapproved a state regulation promulgated under the Clean Air Act Amendments of 1970, 42 U.S.C. §§ 1857a-j (Supp.1975), which would have authorized coal-burning plants (“source...
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, human health, natural resources, and othe...
This judicial opinion is an environmental law case. The opinion addresses issues regarding the environment, specifically the regulation of solid waste and the impact of a local ordinance on interstate commerce. The town of Clarkstown, New York, has enacted a flow control ordinance that requires all nonhazardous solid w...
Justice Kennedy delivered the opinion of the Court. As solid waste output continues apace and landfill capacity becomes more costly and scarce, state and local governments are expending significant resources to develop trash control systems that are efficient, lawful, and protective of the environment. The difficulty 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, human health, natural resources, and othe...
Based on the opinion provided, the answer to the question of whether the opinion is an environmental law case is: **1** (yes) and the reason is that the opinion addresses the regulation of solid waste and the flow control ordinance, which is a significant aspect of environmental law. The opinion discusses the town's or...
Justice O’Connor, concurring in the judgment. The town of Clarkstown’s flow control ordinance requires all “acceptable waste” generated or collected in the town to be disposed of only at the town’s solid waste facility. Town of Clarkstown, Local Law 9, §§ 3.C-D (1990) (Local Law 9). The Court holds today that this ordi...
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, human health, natural resources, and othe...
The opinion is an environmental law case. The case addresses issues regarding the environment, human health, natural resources, and other related topics. The case involves the Clean Air Act and the enforcement of air quality standards, which is a key aspect of environmental law. The case also involves the rights of a c...
HEANEY, Circuit Judge. The Environmental Protection Agency appeals from a judgment of the United States District Court for the Eastern District of Missouri which enjoined the EPA from instituting an enforcement proceeding under the Clean Air Act, 42 U.S.C. § 7401 et seq, against the Union Electric Company or its office...
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, human health, natural resources, and othe...
Based on the provided instruction, the opinion is an environmental law case. Here's why: 1. The case involves the regulation of electronic products, specifically x-ray equipment, which is a relevant aspect of environmental law. 2. The case deals with the protection of public health and safety, which is a primary conce...
KRUPANSKY, Circuit Judge. Defendants Hodges X-Ray, Inc. and James J. Hodges appealed from the grant of summary judgment in favor of the United States, wherein the court assessed $20,-500 in civil penalties against each defendant for violations of certain Food and Drug Administration (FDA) regulations. The assessments w...
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, human health, natural resources, and othe...
1. This is an environmental law case because it involves the Clean Water Act, which addresses issues related to the environment, human health, natural resources, and other topics. The case specifically deals with allegations of permit violations and the settlement between Kodak and the New York State authorities, which...
WINTER, Circuit Judge: This appeal presents the question of whether a properly commenced citizen suit under the Clean Water Act may continue after the citizen suit defendant and the appropriate state officials have reached a settlement regarding the Clean Water Act violations in issue. We hold that a citizen suit canno...
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, human health, natural resources, and othe...
1. This is an environmental law case. The case deals with the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA) and environmental remediation costs, indicating that it is an environmental law case. The case also deals with the allocation of remediation responsibilities, which is another asp...
DeMOSS, Circuit Judge: The district court below rendered several summary judgments in this multi-party case arising out of two consecutive leases of railroad property. We affirm two of the court’s rulings, reverse one of them, and affirm the court’s denial of a request for attorney’s fees. I. In 1956, the Texas & Pacif...
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, human health, natural resources, and othe...