Seacoast Anti-Pollution League v. Costle’s Empirical Analysis
597 F.2d 306 · 1979
Citation profile
4 federal appellate ·
How this case has been cited
Cited by 8 later decisions (1 by the Supreme Court) — most recently July 2010
4 federal appellate ·
Later decisions citing this case, by decade. The current decade is in progress, and our corpus holds fewer opinions from the most recent years, so the latest bars are undercounted — not a real decline.
Relationships
Relies on Vermont Yankee Nuclear Power Corp. v. Natural Resources Defense Council, Inc. · Office Of Communication Of The United Church Of Christ v. Federal Communications Commission · Seacoast Anti-Pollution League v. Costle · Northeast Airlines, Inc. v. Civil Aeronautics Board
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 8 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Although there is some doubt whether most juvenile smelt possess the requisite swimming speed to avoid the intake, the plant's effects on them will not, in any event, be significant because Most smelt will not be found as far out as the intake structure or in water as deep as its opening. Although in its most recent sampling, Public Service Company's consultant found some smelt in water at least as far out as, and, perhaps, as deep as the intake structure and its opening, this does not alter the conclusion based upon almost 100 years of experience that smelt is In general an inshore fish found a mile or so offshore inhabiting the upper 3 fathoms of the water column. This was clearly the view of well qualified experts who considered both this general experience and the more recent sampling. The conclusion of these experts is consistent with the general experience of professional fishermen in the area.”
1 later decision quote this exact passage“a much greater area or volume of water must be considered than the area of the diffuser and intake and the waters impacted thereby. There is a vast expanse of coastal area available for spawning. The area around the intake and diffuser does not appear to be unique with respect to flounder spawning and winter flounder larvae population should inhabit areas to the north and south and inshore and offshore from the intake and diffuser. There are no physiographic structures restricting the spawning area. Neither is there any reason to believe that the coastal area off the Hampton-Seabrook harbor entrance and in the immediate vicinity of the intake and diffuser is different or a more attractive spawning ground than other areas along or off the coast. Nor does any biological reason suggest itself for spawning limited to the area of concern.”
1 later decision quote this exact passage“In addition, if flounder larvae leave the estuary, they will tend to disperse over a relatively broad area as the water in which they are transported mixes with the coastal water; and although some flounder larvae contained in this mixed coastal water may ultimately be carried northward toward the intake and diffuser, instead of southward with the generally-prevailing currents, only a small portion of these larvae will be affected by the intake and the diffuser.”
1 later decision quote this exact passage
How this case has been treated — in progress
Whether each later court followed, distinguished, criticized, or overruled this decision. The treatment classification (task #35) runs highest-cited cases first and lights up here as it reaches this one.