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The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | -1 | Furthermore, the present allegations are not significantly different from those ás-serted by the union in Massachusetts Nursing Ass’n even though IP charges that environmental health and safety was merely a pretext for the Board’s actual plan to pressure IP. The fact that the Jay Ordinance is the product of a popular referendum robs this argument of its thunder and leads us to restate our belief that indirect intrusions into collective bargaining, such as [c]lean air and water laws, selective cutting requirements in forest operations, industrial safety standards, [and] tax increases, are rarely preempted by labor statutes such as the LMRA and the NLRA. 726 F.2d at 45 (emphasis added). Thus, we refuse IP’s invitation to extend Golden State to a situation which amounts at best only to a remote, indirect trespass on the employer’s effective bargaining powers. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | -1 | We summarily dispose of appellants’ assertion that the district court erred in “mechanically” adopting findings of fact and conclusions of law. There is virtually nothing in this record to support the bald assertion. The evidence is, however, that the court studied the findings and conclusions submitted by both parties and that some were completely rewritten or substantially modified. The principles we apply are well established and we see no need to reiterate them once again. See, Hagans v. Andrus, 651 F.2d 622 (9th Cir.), cert. denied, Hagans v. Watt, - U.S. -, 102 S.Ct. 313, 70 L.Ed.2d 157 (1981); Mayview v. Rodstein, 620 F.2d 1347 (9th Cir. 1980); Westside Property Owners v. Schlesinger, 597 F.2d 1214 (9th Cir. 1979); and Photo Electronics Corp. v. England, 581 F.2d 772 (9th Cir. 1978). |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | -1 | For that reason, the District greatly overstates its case when it claims that a finding of preemption here would mean that all state and local regulation that happened to affect railroads, such as criminal laws and consumer protection laws, would be preempted. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | -1 | At the outset, we must correct a major error on which the district court’s analysis was based: The district erroneously defined the scope of the Project when it noted that “the current [Environmental Impact Statement] only covers the Bonner Bridge replacement,.... ” Id. at 526. This statement contradicts the entire record, and in making it, the district court invented a project that Defendants’ NEPA documents under review expressly disown. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | -1 | At argument the EPA’s lawyer suggested another basis for the agency’s position: that the operating company has the greater stake in obtaining emission allowances because it is the operating company rather than the owner that is liable for penalties for a generating unit’s emitting SO2 in excess of its allowances. Whether that is a good or a bad ground for the agency’s decision (it seems very bad, because the penalty provisions impose liability on an “owner or operator,” 42 U.S.C. § 7651j), it is not a ground that the agency articulated. We are therefore barred by the Chenery doctrine from upholding its decision on the basis of it. SEC v. Chenery Corp., 318 U.S. 80, 87-88, 63 S.Ct. 454, 458-459, 87 L.Ed. 626 (1943); Citizens to Preserve Overton Park, Inc. v. Volpe, 401 U.S. 402, 419, 91 S.Ct. 814, 825, 28 L.Ed.2d 136 (1971); Osaghae v. INS, 942 F.2d 1160, 1163 (7th Cir.1991). |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 1 | We conclude that the Federal Defendants have demonstrated a rational connection between the facts in the record and the decision to substitute 1,200 mechanically constructed acres of shallow water habitat for the 1,189 acres that would have been created by the 2000 BiOp summer low flow. Therefore, we affirm the grant of summary judgment to the Federal Defendants on this claim. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 1 | With regard to plaintiffs’ substantive due process claims, we similarly find no violation. The defendants had an obvious need to act with considerable dispatch because of the potential danger to its citizens. The defendants’ actions were reasonable and measured, with appropriate concern for the situation and the interests of all involved. We cannot say on this record that the defendants’ actions were arbitrary, capricious and unreasonable. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 1 | We are convinced that the Council and all other participating agencies made a good faith, objective, and reasonable effort to satisfy NHPA. The comprehensive protective measures should fully protect the historic sites. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 1 | I would adopt the well-reasoned approach set forth in Judge Tallman’s concurrence to Katie John II. Rather than continuing to shove a square peg into a hole we acknowledge is round, we should embrace a Commerce Clause rationale for federal regulation of Alaska’s navigable waters. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 1 | The record in this case supports the NPS’s and FWS’s determination that formal consultation with respect to the eastern indigo snake was not required based on the lack of adverse effects posed by ORV use. Appellees correctly point to the NPS’s and FWS’s findings that while ORV use could alter eastern indigo snake behavior, any disruption would be negligible and not result in death or injury of any individual snakes. Because there is no likelihood of any measurable impact, formal consultation was not required. Affording the NPS’s and FWS’s conclusions due deference, their decision to forego formal consultation is not a violation of the ESA |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 0 | Consistent with those mandates, BLM began working on a resource management plan (RMP), including a transportation plan, for the Monument in 2002. As part of the process, and to comply with NEPA, BLM prepared draft and final environmental impact statements (FEIS). In 2008, BLM adopted the RMP. The RMP continues to authorize roads, airstrips and motorboats in the Monument, but at reduced levels. The RMP closes 201 miles of roads and ways year-round, closes another 111 miles seasonally and leaves 293 miles open year-round; prohibits off-road vehicle use; closes four airstrips year-round, closes one seasonally and leaves five open year-round; and restricts motorized watercraft use to particular days of the week in wild and scenic segments (and seasonally in the wild segment) of the Upper Missouri National Wild and Scenic River. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 0 | A wilderness, in contrast with those areas where man and his own works dominate the landscape, is hereby recognized as an area where the earth and its community of life are untrammeled by man, where man himself is a visitor who does not remain. An area of wilderness is further defined to mean in this chapter an area of undeveloped Federal land retaining its primeval character and influence, without permanent improvements or human habitation, which is protected and managed so as to preserve its natural conditions and which (1) generally appears to have been affected primarily by the forces of nature, with the imprint of man’s work substantially unnoticeable; (2) has outstanding opportunities for solitude or a primitive and unconfined type of recreation; (3) has at least five thousand acres of land or is of sufficient size as to make practicable its preservation and use in an unimpaired condition; and (4) may also contain ecological, geological, or other features of scientific, educational, scenic, or historical value. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 0 | After Congress designated most of the Kofa Refuge as a wilderness area in 1990, and in an attempt to coordinate the dual purposes of the Kofa Wilderness and Refuge, the Service and the Bureau of Land Management (“BLM”) issued a management plan. Kofa National Wildlife Refuge and Wilderness Interagency Management Plan (1997) (“Management Plan”). The plan, which received public review and comment, was intended to ensure that future management decisions and techniques concerning the Kofa Wilderness were compatible with the Wilderness and Refuge Acts. The plan recognized the purpose of the Kofa Wilderness in preserving bighorn sheep. |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 0 | The BWCAW was one of the first wilderness areas recognized under the Wilderness Act of 1964. 16 U.S.C. §§ 1131— 36 & note. As the largest wilderness area east of the Rocky Mountains and north of Everglades National Park, it comprises approximately 1,080,300 acres of forest land encompassing over 1,175 lakes connected by several hundred miles of streams and rivers. See Minnesota v. Block, 660 F.2d 1240, 1247 (8th Cir.1981). It provides habitat for hundreds of species, including the gray wolf, pine marten, bald eagle, black bear, moose, and lynx |
The following paragraph is drawn from a judicial opinion. Please rate the sentiment in the paragraph on a scale from -1 (negative sentiment) to 1 (positive sentiment), with 0 set as neutral sentiment | 0 | Isle Royale National Park consists of a series of islands in the northern reaches of Lake Superior. The main island is about forty-five miles long and nine miles wide; it is surrounded by about four hundred smaller islands. It has been a national park since 1981, and it was designated as a national wilderness area in 1976. The park’s approximately 17,000 visitors each year arrive by ferry, seaplane, and private boat to hike, camp, and enjoy the park’s waters. The park has 165 miles of trails, many campgrounds, and one overnight lodge. Although the park is closed to visitors from October through mid-April, its year-round residents include moose, timber wolves, snowshoe hares, and beavers, as well as about seventy rare plant species. |