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Cases cited for the legal proposition you have searched for.

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...property — (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water...be "used as an integral part of manufacturing, production, or extraction, or as an integral part of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal...," "production," "extraction," and the businesses of furnishing "transportation," "communications," "electrical energy," "gas," "water," or "sewage disposal" services are to be given their commonly...

...gas through pipes or the hauling of oil in tank trucks is transportation of those items. Electrical energy here is carried or transported through the electrical devices under.... Taxation — Sales and use taxes — Conveyance of electrical energy constitutes transportation, when — Property not used "directly in" an activity...another for use in manufacturing constitutes a transportation of such energy. 2. Where the principal use of property claimed to be used "directly in" a particular activity is in...

..., processing, publishing, research and development, transportation, energy conversion, energy production, pollution control, warehousing or agriculture;. . . . 72 P. S. § 8102-C.3(15...grantee shall directly use such real estate for the primary purpose of manufacturing, fabricating, compounding, processing, publishing, research and development, transportation, energy conversion, energy production, polluti...$8,528.50, plus interest. The tax was assessed pursuant to Section 1102-C of Article XI-C of the Tax Reform Code of 1971 (Realty Transfer Act or Act...

...— (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage d...of whether it is used as an integral part of manufacturing, production, or extraction or of the furnishing of transportation, communications, electrical energy, gas, water, or sewage disposal services... which are structural components of such buildings or structures). Assets accessory to the operation of a business, such as machinery, printing presses, transportation ...

..., production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services...extraction," although there may well be such a requirement with respect to "transportation, communications, electrical energy, gas, water, or sewage disposal services." This is so because the latter..., communications, electrical energy, gas, water, or sewage disposal services may qualify for the credit. Property is to be considered as being used as an integral part of a system of furnishing transportation...

...will unnecessarily and wastefully result in added and cumulative solid waste disposal burdens on existing solid waste facilities [within the state] and/or require expenditure of transportation energy...action; (7) the effect of the proposed action on the use and conservation of energy resources; and (8) a description of the effects of the proposed action on sacred sites or archaeological sites of...allege facts sufficient to confer standing under the statute (§ 22a-16) authorizing any person or entity to bring an action for declaratory or...

...used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services...integral part of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services' but that it must also be so used ‘by a person engaged in a trade or business of...transportation, communications, electrical energy, gas, water, or sewage disposal services by a person engaged in a trade or business of furnishing any such service, or which constitutes a research ...

...tanks, "bobtail" trucks or any other vehicles used in connection with any manufacture, transportation, storage, sale or offering for sale of propane or other energy products and/or related service..." name in connection with any propane or energy business owned or in any way managed or operated by any of the Defendants; * use of the "Barrow" name in conjunction...with the use of a blue and white color scheme in any logo for a propane or other energy business owned or in any way managed or operated...

...other public purposes, including roads or highways, other forms of mass transportation, conservation, energy production or transmission, or recreation. If the Commission finds that the properties proposed...service over the line of track (49 U.S.C. sec. 1a(6)), or allow a disposition of the properties for other public purposes, including mass transportation (49 U.S.C. sec. 1a(10... KANSAS CITY AREA TRANSPORTATION AUTHORITY OF THE KANSAS CITY AREA TRANSPORTATION DISTRICT, RESPONDENT, v. JAMES G. ASHLEY, JR., AND OLIVE J. ASHLEY, INDIVIDUALLY AND AS...

...transportation, communications, electrical energy, gas, water, or sewage disposal services, or And, at first blush, the petitioners...other property is used * * * as an integral part of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services by a person engaged in a trade or business of...considered as being used as an integral part of a system of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services only if such property is used by one...

...property — (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or...: (A) tangible personal property, or (B) other tangible property ( not including a building and its structural components) but only if such...sewage disposal services, or . . . . I.R.C. § 48(a)(1)(A), (B) (1975). (emphasis added). The treasury...

...shall not apply to property owned or leased by any individual or legal entity whose principal business activity is directly or indirectly the production, transportation or distribution of energy, ...equipped with solar, geothermal, wind, water or methane gas energy systems for the purpose of heating, cooling or generating electrical energy shall be exempt from ad valorem taxation in an amount.... Subsection (2)(b) of the rule defines "property" to exclude land and to require electric energy to be consumed in the functioning or use of the property. Likewise, subsecti...

..., production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services" under the section 38 umbrella. As relevant here, Treasury Regulation...) tangible property, (2) other than a building or its structural components, which (3) is used as an integral part (4) of furnishing transportation, communications, electrical energy, gas, water, or...furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services. . . . I.R.C. § 1245(a)(3). That the classes of section 38 property...

...property (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage...there may well be such a requirement with respect to ‘transportation, communications, electrical energy, gas, water, or sewage disposal services‘ This is so because the latter group is prefaced by the...energy, gas, water, or sewage disposal services may qualify for the credit. Property is to be considered as being used as an integral part of a system of furnishing transportation, communications...

...greenhouse gas emissions or the effects of greenhouse gas emissions as required by [CEQA], including, but not limited to, effects associated with transportation or energy consumption, to incorporate new...establish reasonable rates, rules, and practices related to transportation or services; prohibits discriminatory pricing; and establishes common carrier...obligations requiring provision of transportation or services on reasonable request. ( 49 U.S.C. §§ 10702, 10741, 111...

...which involves the purchase, sale or exchange of property and its transportation, or the transportation of persons, or the transportation of communications or electrical energy, ...foreign country, either at point of origin or destination. Same — Taxation — Sales and Use Taxes — Foreign Commerce. See Am. Jur. 2d, Commerce § 18...), or unless the imposition of the tax would violate constitutional guarantees. "There is hereby levied and...

...structural components) but only if such property — (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas...— (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sew...," "communications," "electrical energy," "gas," "water," or "sewage disposal" services are to be given their commonly accepted meaning. Thus, for example, manufacturing or production includes the construction...

...KMI nor any of its affiliates listed on the attached Schedule A owe ENA any debts under (a) any contract related to the interstate or intrastate transportation of energy or energy-producing...commodities, including park and loan contracts, storage service, pooling service and gathering service or (b) any physical and/or financial contracts for the delivery or forward delivery of energy or ...claim listed in Paragraph 1 below (the "Proofs of Claim"); and WHEREAS, Enron disputes the amounts claimed in the Proofs of Claim; and WHEREAS, At or about...

...— (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage d...generation and sale of such electricity. Petitioner's trade or business included the production of electrical energy for sale. The generation of electricity for sale to the tenants is not the customary...section 38 property used in the production of electrical energy for sale as a part of the trade or business of this petitioner. As such, the amount in question qualifies for the investment credit to...

...about these impact statements: "We also should be able to get generic environmental impact statements — updated every six months or so — for energy policy, transportation policy, and other major..., [or] charge . . . shall go into effect at the end of such period; but in case of a proposed increased rate or charge for or in respect to the transportation of property, the Commission may by order...disposal which the Council strongly supports. The degree to which this technique will be used depends almost entirely on economics. Transportation costs, to the degree they increase secondary or...

...— (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water, or sewage ...includes all property (other than structural components) which is contained in or attached to a building. Thus, such property as production machinery, printing presses, transportation and office equipment...components) * * * which * * * (i) was used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical...

...shall — * * * * * (C) include in every recommendation or report on proposals for legislation and other major Federal actions significantly...jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies...subject to eventual refund if the Commission ultimately finds them unjust or unreasonable. However, the Commission may, if it chooses, suspend the new tariffs for a period of up to seven months while it...

...— (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage.... Before a taxpayer can claim a credit for tangible personal property used as an integral part of furnishing transportation services, it must establish that it is a "person engaged in [the] trade or...only if such property is used by one engaged in the trade or business of furnishing such services.") (emphasis supplied). The regulation further explains that "[e]xamples of transportation businesses...

...extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or (ii) constituted a research facili...components) which is contained in or attached to a building. Thus, such property as production machinery, printing presses, transportation and office equipment, refrigerators, grocery counters, testing...must be depreciated over the same recovery periods as those buildings. Held, for purposes of assigning appropriate recovery classes or recovery periods to the properties to determine allowable...

...to federal initiative and control. In recent years, as concern about greater national self-sufficiency in energy matters has mounted, steps toward such development in the Province have been taken. But...coal is said to be the best way to ward off an energy crisis. Affidavit of Ralph E. Lapp, Ph.D., App. 286. Over the long term, at present energy growth rates the nation's need for coal will triple by...individual mines. Thus on May 26, 1970 the Secretary initiated the North Central Power Study, an attempt to coordinate energy development throughout the North Central States. While unfavorable private...

...used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or (ii) consti...includes all property (other than structural components) which is contained in or attached to a building. Thus, such property as production machinery, printing presses, transportation and office...of assigning appropriate recovery classes or recovery periods to the properties to determine allowable depreciation deductions pursuant to sec. 168, I.R.C., tests developed under prior law for...

..., 269 F.Supp. 530 (W.D.Mich. 1967) (three-judge court). Whether or not the Amarillo-Borger line of cases survives Arrow Transportation, ...requirements set forth in this part, or the Commission's rules of practice and procedure." There is a sound use, and indeed requirement, of an...agency "rejection" of a party's filing. But it should mark the clear case of a filing that patently is either deficient in form or a substantive nullity. The general thrust of the...

...otherwise to initiate and/or participate in proceedings before federal administrative agencies in which there is at issue the authority, rates or practices for transportation or utility services... WASHINGTON UTILITIES TRANSPORTATION COMMISSION, PETITIONER, v. FEDERAL COMMUNICATIONS COMMISSION AND UNITED STATES OF AMERICA, RESPONDENTS, DATA TRANSMISSION CO. ET AL...communications field would serve the public interest, convenience, and necessity." 29 F.C.C.2d at 920. It also decided that "it is not necessary or desirable in the public interest to hold comparative hearings...

..., alternatively, for summary judgment are denied. On July 18, 1973, the Federal Trade Commission ("FTC" or "Commission") issued a complaint, In the Matter of Exxon Corp., et al., Docket...: . . . (2) all agencies of the Federal Government shall — (C) include in every recommendation or report on proposals for legislation and other major Federal...jurisdiction by law or special expertise with respect to any environmental impact involved. Copies of such statement and the comments and views of the appropriate Federal, State, and local agencies, which are...

...permits and the leases, had prepared no environmental impact statement (EIS) or other environmental analysis. On June 15, 1972, the day after the leases were approved, Westmoreland...; they have, however, indicated their intention to continue with this litigation, either as named plaintiffs or as members of Friends of the Earth, another named plaintiff. Appellee Crow Tribe.... § 702, which provides: A person suffering legal wrong because of agency action, or adversely affected or aggrieved by agency action within the meaning of a...

...emissions or the effects of greenhouse gas emissions as required by [CEQA], including, but not limited to, effects associated with transportation or energy consumption, to incorporate new information or...reasonable rates, rules, and practices related to transportation or services; prohibits discriminatory pricing; and establishes common carrier obligations requiring provision of transportation or...deny a rail carrier the ability to conduct some part of its operations or to proceed with activities authorized by the Surface Transportation Board. (Id. at pp. 716-717.) The second kind of...

...such property (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water...* * * (i) was used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage...machinery, printing presses, transportation and office equipment, refrigerators, grocery counters, testing equipment, display racks and shelves, and neon and other signs, which is contained in or attached...

...of national transportation policy justifying the rate increase with the environmental considerations analyzed in the impact statement. Nor does it confront or even acknowledge the critical comments of...). Relying on Arrow Transportation Co. v. Southern R. Co., 372 U.S. 658, 83 S.Ct. 984...stay of our order against the temporary surcharge, as well as this court, that it was developing an impact statement, no statement was prepared for consideration at this hearing or even for...

...state] and/or require expenditure of transportation energy for disposal at out-of-state facilities." We conclude that these allegations, although somewhat vague, were sufficient to withstand a motion..., deteriorated or unfit for human habitation. The plaintiff alleged, inter alia, that demolishing the buildings in question would result in a wide variety of environmental harms including widespread terrain..."any person" against "any person" of conduct resulting in harm to one or more of the natural resources of the state being all that is required to invoke the jurisdiction of the Superior Court under...

... opposed to a bulk carrier of special products. A bulk carrier of special products normally is involved in transportation of one material or one type of material requiring...— (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation..., communications, electrical energy, gas, water, or sewage disposal services, or (ii) constitutes a research or storage facility used in connection with any of the...

...— (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water, or sewage ...structural components) which is contained in or attached to a building. Thus, such property as production machinery, printing presses, transportation and office equipment, refrigerators, grocery...section 48(a)(1)(B) of the Code only if it was used as an integral part of, or in connection with, a "qualifying activity," such as manufacturing or production. Because Munford conceded that the...

...integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...transportation, communications, electrical energy, gas, water, or sewage disposal services, or (ii...-arounds, and railroad trackage during the years in issue. Meat packers and other independent parties rented or leased space in the refrigerated structures primarily for the cold storage of various meats...

...transportation, communications, electrical energy, gas, water, or sewage disposal services, or (ii) constitutes a research facility used in connection with any...trade or business of furnishing transportation. Sec. 1.48-1 (d)(1) and (4), Income Tax Regs. See Vail Associates, Inc. v. Commissioner, 88.... (1962), 1962-3 C.B. 707, 859. "Examples of transportation businesses include railroads, airlines, bus companies, shipping or trucking companies, and oil pipeline companies." Sec. 1.48-1 (d)(3...

...safe transportation, handling, carriage, storage, and stowage of pollutants. Violation of permit conditions; restriction or prohibition upon introduction of pollutant by source not previously...or by the Administrator in the absence of a state program. The Act vests the Administrator with final review authority for permits issued...permit conditions are to be based on regulations published under section 304(b) providing guidelines "[f]or the purpose of adopting or revising effluent limitations...

...property — (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas...interstate commerce. No other work or functions were performed in the refrigerated cold-storage structure. Held: Neither the sorting-working-boxing area of the facility nor the applied insulation...., whether an apple storage and packing facility erected by the petitioners, or portions thereof, qualify as "section 38 property" under the Internal Revenue Code of 1954...

..., production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or (ii) ...Judge: The Internal Revenue Code allows an investment tax credit for tangible property used as an integral part of manufacturing or used for the bulk storage of fungible commodities...processing plant of the taxpayer A.C. Monk Company (Monk or taxpayer) are properly to be considered buildings or their structural components (giving Monk no tax credit); or, alternatively, other kinds of...

...of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services. . . . The...is "used as an integral part of . . . furnishing transportation . . ." must also be used "by a person engaged in the trade or business of furnishing any such service." Treas. Reg. § 1.48-1(d)(1...the taxpayer is not engaged in the trade or business of furnishing transportation services. If any party in the taxpayer's arrangement is engaged in such service it is his lessee, Frickelton Aviation...

...transportation, communications, electrical energy, gas, water, or sewage disposal services, * * *. Internal Revenue Code of 1954, 2 U.S.C. § 48(a)(1)(A)-(B)(i) [as...disallowed a credit for the truck turnaround areas which had subsequently been added to the facilities. On appeal, the Tax Court held that the refrigerated structures, the truck turnarounds, or the railroad...or extraction, as required under the Code. The investment tax credit...

... BUCKS COUNTY BOARD OF COMMISSIONERS and Bucks County Planning Commission and Stops v. INTERSTATE ENERGY COMPANY and Delaware River Basin Commission...Interstate Energy Company (Interstate), a public utility corporation doing business in Pennsylvania, and the Delaware River Basin Commission (Basin Commission). A brief history of the case follows...lower Delaware River, to the Martins Creek Generating Station of Pennsylvania Power and Light Company, near Easton, Pennsylvania, for the transportation of boiler fuel oil. Included in the project is...

...used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...to qualify as section 38 property if they are used in connection with "manufacturing, production, or extraction or of furnishing transportation." Section 1.48-1(d)(2...transportation business, or were both wholly used in connection with oil refining, regardless of who owned the oil stored. Because of petitioner's concessions, Decision will be entered un...

...the Transportation of Recyclable or Recycled Materials. One Report has already been published, Ex Parte No. 270 (Sub No. 6), Investigation of Railroad Freight Rate Structure — Scrap Iron...initiative in rate-setting is vested in the railroads with the ICC holding the power to declare a rate unlawful if it finds it unjust, unreasonable, preferential, discriminatory, or otherwise in...increase in general, New England Divisions Case, 261 U.S. 184 (1923), or by declining to declare it unlawful following investigation...

..., production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services. . . . Section 48(a), therefore...hand sinks. Employees operate the sinks with their elbows or feet. Local health codes and regulations govern the sinks' locations. When a cafeteria is closed, employees disconnect kitchen hand sinks...spills that occur behind serving lines. (5) Kitchen panel boards. Kitchen panel boards distribute electricity to kitchen equipment, but not to lighting, cooling, or heating...

...factors. There is no Connecticut transportation plan in effect. There is no plan or funding for mass transit to the site. To require the commerce commissioner to consider impractical or nonexistent...remand, if the defendants seek approval of this project without adequate provisions made for mass transportation, they must show that mass transportation is not "feasible or prudent...program objectives of the state or state agencies as coordinated by the department of planning and energy policy . . . ." We agree with the plaintiffs' contention that inclusion of...

...used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services...) * * * which * * * (i) was used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas...property" or "other tangible property" qualifying for the investment credit. Sec. 1.48-1 (e)(1), Income Tax Regs. Held, further: The entire total energy plant is merely an integral and permanent part...

...foster the economic development of the three Tennessee counties through which the Little Tennessee flows. TVA has estimated that the commercial water transportation to be provided by the 30-mile channel... that the river is the "likely habitat" of one or more of seven rare or endangered fish species, that it exists in a pristine state, and that all these benefits...which would have been lost or destroyed through erosion, cultivation, pilferage, natural deterioration, and improper handling by inexperienced persons. Our work is coordinated with TVA to make certain...

...Assessments, Candidate EIS's or Draft and Final EIS's, as appropriate, on every action involved in the Trident Program. Finding of Fact No. 99; J.A. at 739a...impact of Trident on each trait is also analyzed. The impact analysis is broken down into the following sections: social impact, economic impact, transportation impact, visual quality impact..., 49 L.Ed.2d 205 (1976). The Navy has pointed to no existing specific statutory authority prohibiting compliance with NEPA in this case or making such...

...transportation, communications, electrical energy, gas, water, or sewage disposal services, * * * The petitioner argues that the outdoor advertising signs qualify for...of a business, such as machinery, printing presses, transportation or office equipment, refrigerators, individual air-conditioning units, grocery counters, testing equipment, display racks and shelves...grade plywood, of medium density, cut in standard size sheets of either 4 x 10 feet or 4 x 8 feet, and is 5/16 of an inch in depth. At the petitioner's plant, each panel of plywood is given a coating...

...," 15 U.S.C. § 797(b)(5) (Energy Supply and Environmental Coordination Act); or "any person having a valid legal interest which is or may be adversely...affected . . . whenever such action constitutes a case or controversy," 42 U.S.C. § 9124(a) (Ocean Thermal Energy Conversion Act). And in contexts...route or public transportation system for him to use. He avers that increasing the number of visitors on the roadways will cause further...

...irreparable. Mere injuries, however substantial, in terms of money, time and energy necessarily expanded in the absence of a stay, are not enough. The possibility that an adequate compensatory or...expended for minority business enterprises. For purposes of this paragraph, the term "minority business enterprise" means a business at least 50 per centum of which is owned by minority group members or...discrimination, a right protected by the Due Process Clause of the Fifth Amendment. Plaintiffs allege the 10% MBE requirement is a naked racial "quota", not a "goal" or remedy designed to alleviate the present...

...structural components) but only if such property — (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation..., communications, electrical energy, gas, water, or sewage disposal services, or (ii) constitutes a research or storage facility used in connection with any of the...used exclusively to store perishable products belonging to food-processing companies located in the Modesto vicinity. Such companies rented space from petitioner on a "weight of carton or per month...

...standards for light trucks promulgated under the Energy Policy and Conservation Act, Pub.L. No. 94-163, 89 Stat. 871 (1975) (codified as amended in 15 42 U.S.C.) ("the EPCA" or "the Act"). The panel...overseas, or limiting such energy-consuming options as air conditioning and high performance engines." Buckley Opinion at 872 (citing Intervenors' Brief on Rehearing En Banc at 15; Brief for Respondents...States. Congress responded in part by enacting the Energy Policy and Conservation Act ("Act" or "EPCA"). The goal of the Act is to nearly double the number of miles the average new automobile can...

...fullest extent possible . . . all agencies of the Federal Government shall . . . include in every recommendation or report on proposals for legislation and other major Federal actions significantly...district court there held that the Secretary of the Interior was not required to file an impact statement prior to approval or disapproval of a lease between the Tribe and the developer. The trial court...was impressed by the fact that the United States had not initiated the lease, was not a party, had no interest and the government action was limited to approval or disapproval. Our court reversed...

.... Section 1761 applies only to goods made with convict or prisoner labor, and does not prohibit the transportation of goods made with forced or indentured labor. ...labor union, and five organizations seek to exclude from entry into the United States various products mined, produced, or manufactured in the Union of Soviet Socialist Republics (Soviet Union...) allegedly by convict, forced, or indentured labor (forced labor...

...condominium complex or the pharmacy. The trial court also concluded that the plaintiffs were not classically aggrieved because the claim of increased traffic due to the condominiums was no different...motion to dismiss, concluding that the plaintiffs failed to allege or demonstrate that they specifically had been harmed in a way substantially different from members of the general public, and that...demonstrate a specific, personal and legal interest in the subject matter of the controversy and that the defendants' conduct has specially and injuriously affected that specific personal or legal...

...were using alternative modes of transportation, either mass transit or automobile, are now carpooling. Consequently, the overall vehicle miles traveled has been reduced by the amount of mileage...; to promote efforts which will prevent or eliminate damage to the environment and biosphere and stimulate the health and welfare of man; to enrich the understanding of the ecological systems and natural...all agencies of the Federal Government shall . . . include in every recommendation or report on proposals for legislation and other major Federal actions significantly...

...manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or(ii) constitutes a research facility used in... (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal...): The terms ‘manufacturing,’ ‘production,’ ‘extraction,‘ and the businesses of furnishing ‘transportation,’ ‘communications,’ ‘electrical energy,’ ‘gas,’ ‘water,‘ or...

...— (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water, or...personal property includes all property (other than structural components) which is contained in or attached to a building. Thus, such property as production machinery, printing presses, transportation...— (A) tangible personal property, or (B) other tangible property (not including a building and its structural components) but only if such property...

...it is essential to regulate . . . the transportation, purchase, sale, housing, care, handling, and treatment of animals by carriers or by persons or organizations engaged in using them for research...Defendants'Actions Or Omissions. ................................ 56 3. The Injury To The Individual Plaintiffs Will Be Redressed By The Relief Sought .............. 56 4. The Injury To The Individual Plaintiffs Is...Plaintiffs' Extra-Record Exhibits Shall Not Be Admitted In Support Of Their Agency Action Unreasonably Delayed Claim Or Their Non-enforcement Claim .......................... 58 III. THE COURT SHALL GRANT THE...

...integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...(other than structural components) which is contained in or attached to a building. Thus, such property as production machinery, printing presses, transportation and office equipment, refrigerators.... Held, the kennel is not a single purpose agricultural or horticultural structure within the meaning of sec. 48 (a)(1)(D) and sec. 48 (p), I.R.C. 1954. Held, further...

...of an important public policy may involve little by way of actual damages, so far as a single individual is concerned, or little in comparison with the cost of vindication * * *. If a defendant may...feel that the cost of litigation, and, particularly, that the financial circumstances of an injured party may mean that the chances of suit being brought, or continued in the face of opposition, will...litigation, whether or not formally designated as a class action, a party sues not only to vindicate his own interests, which often are minor, but to enjoin injuries to a broad class — injuries which may be...

...mandatory fuel economy standards for passenger cars and light trucks pursuant to the Energy Policy and Conservation Act of 1975 ("EPCA"). In October....). 49 Fed.Reg. 41,250 (1984). The petitioners, four non-profit consumer organizations that work to promote energy co...enacted EPCA with the purpose of enhancing the supply of fossil fuels in the United States through increased production and energy conservation programs...

...integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...components) but only if such other property is used * * * as an integral part of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services by a person engaged in a.... ‘Property is to be considered as being used as an integral part of a system of furnishing transportation, communications, electrical energy, gas, wat...

...of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or (ii) constitutes a research or storage facility used in...products normally is involved in transportation of one material or one type of material requiring specially designed equipment particularly suited to the requirements of transporting that material in...of providing transportation services. There is no item of machinery in issue, in or on the docks, separate from...

...medicines and/or medical supplies and/or special diets and/or nursing as are prescribed by the physician or surgeon in attendance upon the poor are properly furnished. However, the township trustee...services, when necessary to prevent their termination or to restore terminated service. . . . . (e) If a person has received assistance under...subsection (b) the person shall, before the person receives further assistance under subsection (b), certify whether the person's income, resources, or household size has changed since the person filed...

...only if such property (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas..., or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...in service refrigerated structures, truck turn-arounds, and railroad trackage during the years in issue. Meat packers and other independent parties rented or leased space in the refrigerated...

...limited to, effects associated with transportation or energy consumption.” (Former § 21083.05, subd. (a).) SB 97 further provided that the OPR and NRA “shall periodically update the guidelines to...throughout the life of the transportation plan. The EIR's failure to analyze the transportation plan's consistency with the Executive Order, or more particularly with the Executive Order's...contends the EIR cannot analyze the transportation plan's consistency with the Executive Order because there is no statute or regulation translating the Executive Order's goals into comparable...

...effects of greenhouse gas emissions ... including, but not limited to, effects associated with transportation or energy consumption.” (Former § 21083.05, subd. (a).) SB 97 further provided that the...analyze the transportation plan's consistency with the Executive Order, or more particularly with the Executive Order's overarching goal of ongoing greenhouse gas emissions reductions, was therefore a.... We do not intend to suggest the transportation plan must achieve the Executive Order's 2050 goal or...

...associated with transportation or energy consumption.” (Former § 21083.05, subd. (a).) SB 97 further provided that the OPR and NRA “shall periodically update the guidelines to incorporate new information or...underpin the state's efforts to reduce greenhouse gas emissions throughout the life of the transportation plan. The EIR's failure to analyze the transportation plan's consistency with the Executive Order, or..., 98 Cal.Rptr.3d 137.) SANDAG contends the EIR cannot analyze the transportation plan's consistency with the Executive Order because there is no statute ...

...) but only if such property — (i) is used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical...energy, gas, water, or sewage disposal services, * * * * * * * Such term includes only property with respect to which..., transportation and office equipment, refrigerators, grocery counters, testing equipment, display racks and shelves, and neon and other signs, which is contained in or attached to a building constitutes...

...of limitation are found in the Committee or Conference Reports which accompany the appropriation bills. H.R. Rep. No. 505, 90th Cong., 1st Sess., at 49-50 (1967) (to accompany the Atomic Energy...not reached that stage of progress where the cost of alteration or abandonment would definitely outweigh whatever benefits might accrue therefrom. Arlington Coalition on Transportation v. Volpe...which included clear and specific directives that the Secretary of Transportation "shall not approve any program or project" that requires the use of any public park land "unless (1) there is no...

...: This shortage — or unavailability of natural gas — may be the keystone of the energy crisis. Lack of natural gas caused many users to switch to fuel oil — causing the "fuel oil crisis". The...facilities to transport such reserves in the manner proposed; the cost of the facilities; the ability of El Paso to finance the proposed facilities; economic feasibility; or the ability of APS to...broke down to payments of approximately $14,000,000 for acquisition of the gas and an additional $10,000,000 for transportation. Expenditures by El Paso necessary to prepare for the increased load were...

.... 584, 630 (D.Minn. 1973). The Honorable Miles Lord, United States District Judge, District of Minnesota. Crucial to our determination of the issue raised is whether or...operations at all in the BWCA. The District Court, after a plenary hearing, felt that the Forest Service possibly would, in reviewing its entire management policy, forego or prohibit the cutting of timber in...adjoining Canadian Quetico-Superior forest forms the only canoe wilderness area in the world. The area contains more than 1,000 lakes larger than 10 acres, either connected by streams or convenient...

...consider the legal ramifications of either the Department of Transportation Act of 1966 or its identical counterpart, the Federal-Aid Highways Act. All parties agree that the...highway or relying on existing routes or alternative means of transportation, and a subsequent choice among various alternative routes and designs. Consideration of the environmental impact of a small... APPALACHIAN MOUNTAIN CLUB et al. v. Claude S. BRINEGAR, Secretary of Transportation, et al. SOCIETY FOR the PROTECTION OF NEW HAMPSHIRE FORESTS et al. v. Claude S...

... it was to be an agency review or a de novo hearing. The other had to do with efforts of plaintiffs-appellees to discover government documents. The...statement or report was in accordance with the statutory standards and in accordance with this court's mandate in the prior case. On the prior occasion and now the Secretary...terminate when there has been a substantial diminution in helium requirements, discovery of large new helium resources or other changes of a similar nature...

...Technology Policy, the Department of Energy, the Department of the Interior, the Department of Transportation ("DOT"), the Department of Agriculture, the Department of Commerce, the Department of...industry, favorable revenue code provisions, allowing transport of fossil fuels, and authorizing fossil fuel combustion in the energy/refinery/transportation/manufacturing sectors) and the associated..., et al, Defendants. Julia A. Olson, Wild Earth Advocates, Daniel M. Galpern, Law Offices of Daniel M. Galpern, Eugene, OR, Philip L. Gregory...

....] [1] Administrative Law and Procedure — Review — Issues Not Raised in Hearing — In General. Failure to raise issues or to make objections during the co...precludes consideration of such issues or objections upon judicial review. Certiorari — Environment — SEPA — Standing To Intervene. [3] Highways.... [5] Environment — SEPA — Impact Statement — Adequacy — Determination. A judicial determination of whether or not an environmental impact statement sufficiently denotes and considers both...

...CURIAM: This case presents both a complaint and petitions for review of three orders of the Federal Energy Regulatory Commission (FERC or Commission). Acting under provisions of the...to transport natural gas through the Alaska natural gas transportation system shall be discriminated against on the basis of ownership, or lack thereof, of the transportation system.... To the extent that the taking of any action which is necessary or related to the construction and initial operation of the approved transportation system...

...manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services...provision of a similar term to a period of indefinite duration which may be terminated by the property owner with 15 to 60 day's notice when the space is required for other uses, or may be terminated by...the lessee under certain conditions or at any time with 15 to 60 days' notice. The leases provide for the removal of the billboards by the lessee upon termination. Plaintiffs...

...construction project approved by the Commission is for the bulk transmission of electric energy at the United States-Canadian boundary in the town of Fort Covington, Franklin County, New York. The project...PASNY of 800 MW of electric power and 2.14 billion kilowatt hours of energy in June-October of 1977 and 800 MW of power and 3 billion kwh of energy in April-October from 1977-1996. Under the agreement..., PASNY also undertakes to sell energy during the winter months to Hydro-Quebec, under certain conditions. Section 313(b...

...legislation requiring environmental statements (such as certain types of bills affecting transportation policy or annual construct authorizations). 40 C.F.R. § 1500.12(a...until the President has approved them, see C S Air Lines v. Waterman Corp., 333 103, 114 (1948), where CAB orders as to certificates for overseas or foreign air transportation were not "mature...environmental consequences. The particular program that occasioned the lawsuit is the National Wildlife Refuge System (sometimes referred to as System, or NWRS). The System is...

...used by defendants in spraying violate FIFRA because they are inconsistent with instructions contained on the labels of the above identified herbicides. Defendants moved for dismissal and/or summary...generally, Arlington Coalition on Transportation v. Volpe, 458 F.2d 1323 (4th Cir. 1972), cert. denied, 409 U.S. 1000...Committee v. Atomic Energy Commission, 146 U.S.App.D.C. 33, 449 F.2d 1109 (1971...

...transportation, communications, electrical energy, gas, water, or sewage disposal services, or Sec. 1245(a)(3...which such property (or other property)—(i) was used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, ...structures). Assets accessory to the operation of a business, such as machinery, printing presses, transportation or office equipment, refrigerators, individual air conditioning units, grocery counters...

...the EIR at issue in this case has been decertified and can no longer be relied upon for the current version or future versions of the transportation plan, or for projects encompassed with the...and the People with effective relief because correcting the defects in the EIR may result in modifications to the current version or future versions of the transportation plan, or to projects...if the transportation plan's implementation were to increase greenhouse gas emissions compared to existing, or 2010, conditions. Under the second threshold, the EIR posited the transportation plan's...

...extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...) was used as an integral part of manufacturing, production, or extraction or of furnishing transportation, communications, electrical energy, gas, water, or sewage disposal services, or...items which are structural components of such buildings or structures). Assets accessory to the operation of a business, such as machinery, printing presses, transportation or office equipment...

..., C.J. The single narrow issue before us on this appeal is whether the petition for review or the proposed amendment thereto in the circuit court...sale of natural gas as follows: "Limit the sale of gas to new residential, commercial or industrial customers or increase loads to existing residential, commercial or industrial...customers to no more than 2,500 therms per day, 50,000 therms per month, or 250,000 therms per year." Two years later, on May 14, 1973, the corporation made application to the...

...temporary restraining order had prohibited the sale of the land by defendants Pope or the expenditure of State funds by defendant Boyles for its purchase by the State. This was later dissolved and the.... Federal indictments arising out of the incidents resulted in guilty pleas or verdicts of guilty against all of those allegedly involved.... Knowledgeable experts in the field were either brought in or contacted in an effort to determine whether it would be best to treat the soil where it...

...the benefit of shippers who may be adversely affected but who do not furnish sufficient traffic to support a line, or to furnish transportation during periods when trucks experience difficulty...Users Ass'n. William C. Mahoney, Washington, D.C., for intervening plaintiffs, United Transportation Union and Brotherhood of Railway, Airline Steamship Clerks, Freight Handlers..., Express Station Employes. John C. McTiernan, Asst. Counsel, N.Y. State Dept. of Transportation, Albany, N.Y., for intervening plaintiff, State of New York...

...on May 17, 1999. The parties acknowledged at that hearing that there is no need for any further hearing before this court, evidentiary or otherwise...be submitted to the court without further evidentiary hearing or otherwise. Does everybody agree with that?" PLAINTIFFS' COUNSEL: "That's the plaintiffs' understanding...' Positions In 1990 the United States, Mexico and Canada initiated negotiations with the intention of creating a "free trade zone" through the elimination or reduction of...

...opinion "as to whether the consent of Congress was required for the approval of causeway construction and whether the Department of Transportation Act of 1966 did or did not provide the necessary approval...bridge or causeway shall have been submitted to and approved by the Secretary of Transportation, or (2) the dam or dike shall have been submitted to and approved by the Chief of Engineers and Secretary of...single State, provided the location and plans thereof are submitted to and approved by the Secretary of Transportation or by the Chief of Engineers and Secretary of the Army before construction is...

...jurisdiction to hear the suit because there is no case or controversy between the parties. The Court further concludes that plaintiff's complaint must be dismissed because an indispensable party may not...defendant Ash is the Director of the Office of Management and Budget and the defendant Brinegar is the Secretary of Transportation. Plaintiff alleges that this Court has jurisdiction over...that such action by the defendants has severely and irreparably injured him because highways, bridges, urban high density traffic programs, safety programs and other projects will not be implemented or...

...trucks or cars for transportation to a preparation plant and tipple where it is processed and loaded into railroad cars for shipment and sale. Electrically powered pumps are used to remove water...incidental thereto from one place to another for use in manufacturing constitutes a transportation of such energy. "2. Where the principal use of property claimed to be used `directly...in' a particular activity is in transportation to or from that activity, as distinguished from transportation which is a part of that activity or between essential steps of that activity, such use is...

...property — (i) is used as an integral part of manufacturing, production, or extraction, or of furnishing transportation, communications, electrical energy, gas, water..., production, or extraction, or of furnishing transportation. * * *" or which "constitutes a research or storage facility used in connection with" any of these activities. The Code...Section 48 of the Code. Wood contends that the grain storage facility is "Section 38 property" because it is used "in connection with" manufacturing, production, or extraction and as such qualifies...

.... Kansas v. United States, 204 U.S. 331, 342. No vested rights of the complainant or of any of her citizens will be invaded by the execution of the ...own terms, both the Act and the compact are subordinated to all such rights; nor is there any interference, actual or threatened, with the right of Arizona, or her inhabitants, to make appropriation...appropriation by her citizens without regard to the terms of the compact to which she is not a party. Until the dam has been built and the right of the State of Arizona or her citizens to make...

...have disposed of or intend to dispose of certain parcels of naval surplus land and buildings in Rhode Island in violation of the National Environmental Policy Act of 1969 (NEPA...), 39 Fed.Reg. 14699 (April 24, 1974). A temporary restraining order was issued on January 7, 1977, restraining the defendants from selling, disposing, leasing or.... FINDINGS OF FACT The subject of this law suit is that government property which comprised all or part of the naval installations located in...

...accordance with 23 U.S.C. § 103(e)(4), and transfer funds to support other area transportation needs; or (3) proceed with completion of I-675 to U.S. 35...indicated no significant effect on traffic forecasts whether or not I-675 was included in the regional transportation plan. The report...relied upon the proposed decision statement prepared by the FHWA and on President Reagan's policy which advocated the building of highways to meet existing and/or proposed transportation needs as opposed...

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