Court : Supreme Court of India
..... on 18.03.2006, in less than three weeks of the decision of this court32, the ker- ala state legislature amended the 2003 act by introducing kerala irrigation and water conservation (amendment) act, 200633, which was the subject matter of judgment in ques- tion. the said act was challenged by the state of tamil nadu in an original suit ..... of t.n. & ors., (2002) 3 scc533(para9) 10 hand said, but words must be construed with some imagination of the purposes which lie behind them . (see lenigh valley coal co. v. yensavage [218 fr547 .) the view was reiterated in union of india v. filip tiago de gama of vedem vasco de gama [(1990) 1 scc277: air1990sc981 . xx xx ..... amounts to usurpation of judi- cial power inasmuch as kerala state legislature has arro- gated to itself the role of a judicial body and has itself deter- mined the questions regarding the dam safety and raising the water level when such questions fall exclusively within the province of the judiciary and have already been deter .....
Tag this Judgment!Court : US Supreme Court
..... problem of extinction. senators and congressmen uniformly deplored the irreplaceable loss to aesthetics, science, ecology, and the national heritage should more species disappear." coggins, conserving wildlife resources: an overview of the endangered species act of 1973, 51 n.d.l.rev. 315, 321 (1975). (emphasis added.) the legislative ..... , by a tangle of lawsuits and administrative proceedings. after unsuccessfully urging tva to consider alternatives to damming the little tennessee, local citizens and national conservation groups brought suit in the district court, claiming that the project did not conform to the requirements of the national environmental policy act of 1969 ..... . . . with the assistance of the secretary, utilize their authorities in furtherance of the purposes of [the] act by carrying out programs for the conservation of endangered species . . . and by taking such action necessary to insure that actions authorized, funded, or carried out by them do not jeopardize the .....
Tag this Judgment!Court : Supreme Court of India
..... 2006, in less than three weeks of the decision of this court in mullaperiyar environmental protection forum1, the kerala state legislature amended 2003 act by the kerala irrigation and water conservation (amendment) act, 2006 [for short, 2006 (amendment) act )].[2]..15. in the second schedule, appended to the 2006 (amendment) act, the mullaperiyar dam owned ..... the court. (emphasis supplied by us) municipal corporation of the city of ahmedabad 97. the above three decisions and one more decision of this court in amalgamated coal fields[38]. were noted by the two-judge bench of this court in the municipal corporation of the city of ahmedabad16. while accepting that the legislature under ..... . 327]. [33]. union of india v. elphinstone spinning and weaving co. ltd. and ors.; [(2001) 4 scc139. [34]. sanjeev coke manufacturing co. v. m/s. bharat coking coal ltd. and anr.; [(1983) 1 scc147 [35]. m/s. doypack systems pvt. ltd. v. union of india and ors.; [(1988) 2 scc299 [36]. mahal chand sethia v. .....
Tag this Judgment!Court : US Supreme Court
..... species of fish, wildlife, and plants in the united states have been rendered extinct as a consequence 589 of economic growth and development untempered by adequate concern and conservation," and that these species "are of aesthetic, ecological, educational, historical, recreational, and scientific value to the nation and its people." 1531(1), (3) ..... to "any foreign country (with its consent) ... in the development and management of programs in that country which [are] ... necessary or useful for the conservation of any endangered species or threatened species listed by the secretary pursuant to section 1533 of this title." 16 u. s. c. 1537(a). it also ..... fed. reg. 29990, and promulgated in 1986, 51 fed. reg. 19926; 50 cfr 402.01 (1991). shortly thereafter, respondents, organizations dedicated to wildlife conservation and other environmental causes, filed this action against the secretary of the interior, seeking a declaratory judgment that the new regulation is in error as to the geographic .....
Tag this Judgment!Court : Supreme Court of India
..... . a conjoint reading of the aforesaid provisions would reveal that a responsibility is cast upon the state as well as the citizens to protect and conserve the heritage. 113 undisputedly, phase i of chandigarh, i.e., corbusian chandigarh, even according to the respondent authorities, possesses a heritage status. ..... the re utilization of the identified housing /institutional pockets in the first phase shall be undertaken with the prior approval of the chandigarh heritage conservation committee. .. additional far and ground coverage to private housing the chandigarh administration vide notification dated 16/10/2008 has already permitted increased ground coverage ..... and re densification of any government residential/institutional pocket in phase i sectors should only be done with the prior approval of the chandigarh heritage conservation committee (for short, heritage committee ).10. the aforesaid recommendations were accepted by the central government and all references to the apartments in the .....
Tag this Judgment!Court : US Supreme Court
..... to preclude parties from contesting matters that they have had a full and fair opportunity to litigate protects their adversaries from the expense and vexation attending multiple lawsuits, conserves judicial resources, and fosters reliance on judicial action by minimizing the possibility of inconsistent decisions." montana v. united states, supra, at 440 u. s. 153 ..... 1b j. moore & t. currier, moore's federal practice 0.401, 0.404[1] (1982) (hereinafter moore); cf. united states v. united states smelting refining & mining co., 339 u. s. 186 , 339 u. s. 199 (1950). a final judgment makes a difference. it marks a formal point at which considerations of economy, ..... . until far more development occurs in the upper basin states, that situation can be expected to continue. furthermore, improvements in irrigation, farming, and conservation technology may well permit more efficient exploitation of the present and future quantities of available water, so that more users will be accommodated by the same .....
Tag this Judgment!Court : US Supreme Court
..... by its rejection of industry testimony that a dose-response curve can be formulated on the basis of current epidemiological evidence, and that, even under the most conservative extrapolation theory, current exposure levels would cause at most two deaths out of a population of about 30,000 workers every six years. see n 38, supra ..... 1975), cert. denied, 421 u.s. 992. thus, so long as they are supported by a body of reputable scientific thought, the agency is free to use conservative assumptions in interpreting the data with respect to carcinogens, risking error on the side of overprotection, rather than underprotection. [ footnote 63 ] finally, the record in this case ..... plurality suggests that it is for the agency "to determine, in the first instance, what it considers to be a significant' risk," and that the agency "is free to use conservative assumptions in interpreting the data. . . ." ante at 448 u. s. 655 , 448 u. s. 656 . moreover, my brother powell would not require "quantification of .....
Tag this Judgment!Court : US Supreme Court
..... o-two fire equipment co., 342 u. s. 180, 183 (1952) (acknowledging the equitable discretion of courts, in furtherance of [w]ise judicial administration and conservation of judicial resources, to stay proceedings to prevent two litigations where one will suffice (internal quotation marks omitted)). in short, the district courts are well equipped to guard ..... a statute that permitted a regulatory agency, before a hearing, to immediately fine the petitioner for noncompliance with the statute. see brief for petitioner in thunder basin coal co. v. reich, o. t. 1993, no. 92 896, p. 13. the court expressly found that the statutory review scheme precluded district court jurisdiction ..... ante, at 13. in that case, we found that a statutory scheme impliedly precluded a pre-enforcement challenge brought by a mining company seeking to enjoin an order issued by the mine safety and health administration. 510 u. s., at 205. importantly, the plaintiff company was seeking review of purely statutory claims that .....
Tag this Judgment!Court : US Supreme Court
..... 71, 65(d) (purdon supp.1982-1983) (police; 60); r.i.gen.laws 45-21.2-5 (1980) (police and firemen; 65); s.c.code 9-1-1535 (supp.1982) (conservation officers; 65); tenn.code ann. 8-36-205(1) (1980) (police; 60 or 65); tex.rev.civ.stat.ann., art. 6423g-1, 11(d) (vernon supp.1982-1983) (police; 65 ..... state sovereignty, and (3) the states' compliance with the federal law would "directly impair their ability to structure integral operations in areas of traditional governmental functions.'" hodel v. virginia surface mining reclamation assn., 452 u. s. 264 , 452 u. s. 287 -288. page 460 u. s. 227 the first requirement is met in this case, but even assuming, arguendo, that ..... in the same category as united states v. e. c. knight co., 156 u. s. 1 (1895), hammer v. dagenhart, 247 u. s. 251 (1918), and carter v. carter coal co., 298 u. s. 238 (1936) -- cases whose subsequent rejection is now universally regarded as proper. i think it so plain that national league of cities not only was incorrectly .....
Tag this Judgment!Court : US Supreme Court
..... wildlife (odfw) biologists based upon a draft odfw study, suggested that the dam will adversely affect downstream fishing, and the second, a soil survey prepared by the united states soil conservation service (scs), contained information that might be taken to indicate greater downstream turbidity than did the feiss. as to both documents, the district judge concluded that the corps acted reasonably ..... draft odfw study on the effects of the lost creek dam, suggesting that the elk creek dam will adversely affect downstream fishing; and the second is a united states soil conservation service (scs) soil survey containing information that might be taken to indicate greater downstream turbidity than did the feiss. the district court denied relief on all claims and held, inter .....
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