Brower v. Daley’s Empirical Analysis
2000
Citation profile
5 federal appellate · 2 district ·
Relationships
Applies 16 U.S.C. § 1361 (§ 2 of the Marine Mammal Protection Act of 1972) · 16 U.S.C. § 1362 (§ 3 of the Marine Mammal Protection Act of 1972) · 16 U.S.C. § 1371 (§ 101 of the Marine Mammal Protection Act of 1972) · 16 U.S.C. § 1385 (Dolphin Protection Consumer Information Act) · 16 U.S.C. § 1411 (§ 301 of the Marine Mammal Protection Act of 1972) · 16 U.S.C. § 1414A (§ 304 of the Marine Mammal Protection Act of 1972) · 42 U.S.C. § 4321 (§ 2 of the National Environmental Policy Act of 1969) · 42 U.S.C. § 4332 (§ 102 of the National Environmental Policy Act of 1969)
Relies on Chevron U. S. A. Inc. v. Natural Resources Defense Council, Inc. · Lujan v. Defenders of Wildlife · Village of Arlington Heights v. Metropolitan Housing Development Corp. · Bennett v. Spear · Havens Realty Corp. v. Coleman
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 15 citing decisions cite the case generally; a passage count includes only decisions quoting that exact language verbatim.
“not increasing at the rate expected based on the low rate of reported mortalities from the fishery since 1991 and the reproductive potential for these populations.”
3 later decisions quote this exact passage · from the majority“(A) a review of relevant stress-related research and a 3-year series of necropsy samples from dolphins obtained by commercial vessels; (B) a 1-year review of relevant historical demographic and biological data related to dolphins and dolphin stocks referred to in paragraph (1); and (C) an experiment involving the repeated chasing and capturing of dolphins by means of intentional encirclement [the CHESS study].”
2 later decisions quote this exact passage · from the majority“[T]he Secretary shall . . . make an initial finding regarding whether the intentional deployment on or encirclement of dolphins with purse seine nets is having a significant adverse impact on any depleted dolphin stock in the [ETP].”
2 later decisions quote this exact passage · from the majority
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.