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· 9/26/2023

People v. Hernandez-Molina

Citations

  • 2023 NY Slip Op 04732

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • holding that the Surface Mining Control and Reclamation Act of 1977, which mandates compliance with environmental standards, did not contravene the Commerce Clause
  • holding that \[p]rotection of the health and safety of the public is a paramount governmental interest\ which justifies summary administrative action in the prevention of mining disasters
  • holding that “[protection of the health and safety of the public is a paramount governmental interest” which justifies summary administrative action in the prevention of mining disasters
  • holding that the government can order a mine to shut down to prevent disaster if followed immediately by notice and a hearing
  • recognizing that “the Commerce Clause [is] broad enough to permit congressional regulation of activities causing air or water pollution, or other environmental hazards that may have effects in more than one State.”
  • explaining that “[t]hese ‘ad hoc, factual inquiries’ must be conducted with respect to specific property”

Source: CourtListener parenthetical corpus (CC0).

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This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.