72 F. Supp. 2d 642 - Bragg v. Robertson’s Empirical Analysis
1999
Citation profile
2 federal appellate ·
Relationships
Applies 30 U.S.C. § 1202 · 30 U.S.C. § 1260 · 30 U.S.C. § 1265 · 30 U.S.C. § 1292 · 33 U.S.C. § 1251 (Alternative Water Sources Act of 2000) · 33 U.S.C. § 1341 · 33 U.S.C. § 1342 · 33 U.S.C. § 1344
Relies on Udall v. Tallman · Seminole Tribe of Florida v. Florida · Hans v. State of Louisiana · Bowles v. Seminole Rock & Sand Co. · John Aldens v. Maine
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 9 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“No land within 100 feet of a perennial stream or an intermittent stream 20 shall be disturbed by surface mining activities, unless the regulatory authority specifically authorizes surface mining activities closer to, or through such a stream. The regulatory authority may authorize such activities only upon finding that - (1) Surface mining activities will not cause or contribute to the violation of applicable State or Federal water quality standards, and will not adversely affect the water quantity and quality or other environmental resources of the stream.”
1 later decision quote this exact passage“The normal flow and gradient of the stream is now buried under millions of cubic yards of excess spoil waste material, an extremely adverse effect. If there are fish, they cannot migrate. If there is any life form that cannot acclimate to life deep in a rubble pile, it is eliminated. No effect on related environmental values is more adverse than obliteration. Under a valley fill, the water quantity of the stream becomes zero. Because there is no stream there is no water quality.-”
1 later decision quote this exact passage“the Director has a nondiscretionary duty under the buffer zone rule to deny variances for valley fills in intermittent and perennial streams because they necessarily adversely affect stream flow, stream gradient, fish migration, related environmental values, water quality and quantity, and violate state and federal water quality standards,”
1 later decision quote this exact passagee.g. Patricia Bragg
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.