Brubaker v. Morton’s Empirical Analysis

Citation profile

19 federal appellate · 1 district · 4 state decisions

Most-quoted passages

The sentences later courts lift from this opinion, ranked by how many decisions quote each — the parts of the opinion doing the work. These counts are smaller than the citation total above because most of the 30 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.

1. ““(a) ... ‘Common varieties’ as used in this Act does not include deposits of such materials which are valuable because the deposit has some property giving it distinct and special value____ (b) ‘Common varieties’ includes deposits which, although they may have value for use in trade, manufacture, the sciences, or in the mechanical or ornamental arts, do not possess a distinct, special economic value for such use over and above the normal uses of the general run of such deposits. Mineral materials which occur commonly shall not be deemed to be ‘common varieties’ if a particular deposit has distinct and special properties making it commercially valuable for use in a manufacturing, industrial, or processing operation. In the determination of commercial value, such factors may be considered as quality and quantity of the deposit, geographical location, proximity to market or point of utilization, accessibility to transportation, requirements for reasonable reserves consistent with usual industry practices to serve existing or proposed manufacturing, industrial, or processing facilities and feasible methods for mining and removal of the material____””

   1 later decision quote this exact passage · from the majority
   e.g. Tanner Companies v. Arizona State Land Department

2. “A court faced with a problem of statutory construction should give great deference to the interpretation of a statute by the . . . agency charged with its administration.”

   1 later decision quote this exact passage · from the majority
   e.g. McCall v. Andrus