statutory interpretation

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In 2004, Coeur Alaska sought a permit from the Army Corps of Engineers ("Army Corps") to open the Kensington Gold Mine in southeast Alaska. See Southeast Alaska Conservation Council v. Army Corps of Engineers, 486 F. 3d 638, 641 (9th Cir. 2007). Coeur...

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In 1972, Congress passed 33 U.S.C. § 1251, or the Clean Water Act (“CWA” or “Act”), to preserve the “Nation’s waters” by prohibiting the “discharge of any pollutant” unless certain requirements in the Act are met. Hawai'i Wildlife Fund v. Maui (...

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Facts

From 1959 to 1985, Petitioner CTS Corporation (“CTS”) operated a fifty-four acre facility in Asheville, North Carolina, where notable quantities of chemicals were stored. Waldburger v. CTS Corp. 723 F.3d 434, 440 (4th Cir. 2013). In 1987, CTS sold...

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State Court Proceedings A Florida jury convicted Patrick Day of second degree murder and sentenced him to prison in September 1998. Brief for the Petitioner ("Pet'r"). at 3. Day appealed his conviction to the Florida First District Court of Appeal, which...
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Sentencing under the Anti-Drug Abuse Act of 1986

The Controlled Substances Act (CSA), enacted in 1970, regulates the production, distribution, possession and use of certain illegal drugs, including cocaine. See Brief for Petitioner, Frantz...

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In September 2006, Brian Russell Dolan and Evan Ray Tissnolthtos, members of the Mescalero Apache Indian Tribe, engaged in a brutal physical altercation. See Brief for Petitioner, Brian Russell Dolan at 5. Dolan picked up Tissnolthtos, a hitchhiker and...

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Barbara Dolan ("Dolan") was injured when she tripped over a stack of mail that a United States Postal Service ("USPS") employee had left in front of her house. Brief for the Respondents at 2. After filing an administrative claim with the...

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Definition

Ejusdem generis is latin for "of the same kind." When a law lists lists classes of persons or things, this concept is used to clarify such a list.

For example, if a law refers to automobiles, trucks, tractors, motorcycles, and other...

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Congress enacted the Fair Labor Standards Act (“FLSA”) in 1938, seeking to remedy perceived shortcomings in the national labor market and to provide a minimum standard of acceptable working conditions for all employees. See Brief...

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Facts

In passing the Clean Air Act, Congress empowered the Environmental Protection Agency (EPA) to set National Ambient Air Quality Standards (NAAQS), the maximum permissible levels of common pollutants released into the air. See EME Homer City...

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