· 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).
Sourced from CourtListener / Free Law Project (CC0).
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.