Sierra Club v. Simkins Industries, Inc.’s Empirical Analysis
847 F.2d 1109 · 1988
Citation profile
47 federal appellate · 12 district · 6 state decisions
How this case has been cited
Cited by 101 later decisions — most recently June 2016 · most notably Public Interest Research Group of New Jersey, Inc. v. Powell Duffryn Terminals Inc. (1990), Friends of the Earth, Inc. v. Gaston Copper Recycling Corp. (2000)
47 federal appellate · 12 district · 6 state decisions
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
Applies 33 U.S.C. § 1251 (Alternative Water Sources Act of 2000) · 33 U.S.C. § 1311 · 33 U.S.C. § 1318 · 33 U.S.C. § 1319 · 33 U.S.C. § 1342 · 33 U.S.C. § 1365
Relies on Valley Forge Christian College v. Americans United for Separation of Church and State, Inc. · Allen v. Wright · Sierra Club v. Morton · Middlesex County Sewerage Authority v. National Sea Clammers Assn. · Northern Pipeline Construction Co. v. Marathon Pipe Line Co.
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 101 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“Sierra Club submitted the affidavit of member John Railey attesting to his interest, as one regularly using and enjoying the Patapsco River and surrounding land, in preserving the environmental integrity of the river,”
2 later decisions quote this exact passage“information on any harmful level of pollutants in the area of [the defendant's] plant during this time period is forever lost to ... those who might undertake to remedy the effects of any pollution”
2 later decisions quote this exact passage“Subsection 455(e) does provide that acceptance of a litigant’s waiver of a § 455(a) offer of recusal must be preceded by a ‘full disclosure on the record of the basis for disqualification.’ However, § 455(a) by its terms is applicable only when a judge’s impartiality ‘might reasonably be questioned.’ ... [W]e do not think the district judge’s impartiality may be reasonably questioned on the basis of the trial judge’s brief membership in the Sierra Club over a decade before this case was tried. His disclosure of his prior affiliation with plaintiff was therefore not required under § 455(a). It follows that the on-the-record requirement for acceptance of waivers under § 455(e) is not applicable.”
1 later decision quote this exact passagee.g. Barksdale v. Emerick
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.