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Babbitt Vs. Sweet Home Chapter, Communities for Great Ore.
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- US Supreme Court
- Apr 17, 1995
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Babbitt v. SweetSearch
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For Great Ore. - 515 U.S. 687 (1995) October Term, 1994 Syllabus Babbitt, Secretary of Interior, Et Al. V. SweetSearch
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if such taking is incidental to, and not for the purpose of, 688 688 BABBITT v. SWEETSearch
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for the State Water Contractors et aI. by Gregory K. Wilkinson, Eric L. Garner, Thomas 690 690 BABBITT v. SWEETSearch
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Fed. Reg. 54748, 54750 (1981). 692 692 Babbitt V. SweetSearch
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that in 1982, when Congress was aware of a judicial decision that had applied the Secretary's regulation, see Palila v. HawaiiSearch
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on Environment of the Senate Committee on Commerce, 93d Cong., 1st Sess., 27 (1973). 694 694 BABBITT v. SWEETSearch
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Home Chapter, Communities for Great Ore. Ing Chevron U. S. a. Inc. V. NaturalSearch
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construction called noscitur a sociis, which holds that a word is known by the company it keeps. See Neal v. ClarkSearch
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a)(2)(A), see United States v. HayashiSearch
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See Palila v. HawaiiSearch
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Brief any citation in this list with AI Studio
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F.3d 1 , 11 (CADC 1993) (Williams, J., concurring in part), with 17 F. 3d, at 1467-1472. 696 696 BABBITT v. SWEETSearch
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to criminal statutes that impose sanctions without expressly requiring scienter, see, e. g., Staples v. UnitedSearch
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includes several words- 698 698 BABBITT v. SWEETSearch
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treat statutory terms as surplusage supports the reasonableness of the Secretary's interpretation. See, e. g., Mackey v. LanierSearch
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to extend protection against activities that cause the precise harms Congress enacted the statute to avoid. In TVA v. HillSearch
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regulation. Respondents, however, present a facial challenge to the regulation. Cf. Anderson v. EdwardsSearch
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INS v. NationalSearch
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TVA v. HillSearch
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emphasis in original). 700 700 BABBITT v. SWEETSearch
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a)(1)(B) to prohibit indirect as well as deliberate takings. Cf. NLRB v. BellSearch
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the Court of Appeals' interpretation apply as well to the dissent's novel construction. 702 702 BABBITT v. SWEETSearch
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Russell Motor Car Co. v. UnitedSearch
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of habitat before the seller's activity has harmed any endangered ani- 16 Respondents' reliance on United States v. HayashiSearch
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in particular cases is unexceptional, see, e. g., Russello v. UnitedSearch
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and acknowledged in TVA v. HillSearch
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the Secretary's interpretation is reasonable suffice to decide this case. See generally Chevron U. S. A. Inc. v. NaturalSearch
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U. S. 336 , 347-350 (1971) (quoting McBoyle v. UnitedSearch
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at 27. Respondents make much of the fact that the Commerce Committee removed this phrase 706 706 BABBITT v. SWEETSearch
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See supra, at 702-703. 708 708 BABBITT v. SWEETSearch
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causation, which introduce notions of foreseeability. These limitations, in my view, call into question Palila v. HawaiiSearch
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injures living creatures. To raze the last remaining ground on which the piping plover cur- 710 710 BABBITT v. SWEETSearch
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of proximate cause routinely apply in the negligence and strict liability contexts. 712 712 BABBITT v. SWEETSearch
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a)(1) only if their habitat-modifying actions proximately cause death or injury to protected animals. Cf. Benefiel v. ExxonSearch
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New York v. ShoreSearch
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Jerome B. Grubart, Inc. v. GreatSearch
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alternative characterizations in terms of foreseeability, see Milwaukee & St. Paul R. Co. v. KelloggSearch
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and duty, see Palsgraf v. LongSearch
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Island R. Co., 248 N. Y. 339, 162 N. E. 99 (1928). Consolidated Rail Corporation v. GottshallSearch
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to my interpretation, Palila II--under which the Court of Appeals held that a state 714 714 BABBITT v. SWEETSearch
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In my view petitioners must lose-the regulation must falleven under the test of Chevron U. S. A. Inc. v. NaturalSearch
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or even foreseeable, and no matter how long the chain of causality between modification and injury. See, e. g., Palila v. HawaiiSearch
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destroy full-grown mamane trees, they do destroy mamane seedlings, which will not grow to 716 716 BABBITT v. SWEETSearch
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first or the third of these features. I respond to their arguments in Part III, infra. 718 718 BABBITT v. SWEETSearch
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Beecham v. UnitedSearch
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Syllabus Babbitt, Secretary of Interior, Et Al. V. SweetSearch
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