#unanimous decision

[ur-fave-bloggers-fave-blogger]

if ao3 gets banned we all agree we're making google docs versions right

[masterofd1saster]

Court watch 29may25 - the NEPA case

I don't usually write about civil jurisprudence, but Seven County Infrastructure Coalition v. Eagle County, 605 U. S. __ (2025) is interesting.

First of all, the decision was unanimous, 8-0. Those are somewhat rate. J. Gorsuch did not participate.

In this case, the U. S. Surface Transportation Board considered a proposal by a group of seven Utah counties for the construction and operation of an approximately 88-mile railroad line in northeastern Utah. Under federal law, the Board determines whether to approve construction of new railroad lines. The railroad line here would connect Utah’s oil-rich Uinta Basin—a rural territory roughly the size of the State of Maryland—to the national rail network. By doing so, the new railroad line would facilitate the transportation of crude oil from Utah to refineries in Louisiana, Texas, and elsewhere. And the project would bring significant economic development and jobs to the isolated Uinta Basin by better connecting the Basin to the national economy. For that proposed 88-mile Utah railroad line, the Board prepared an extraordinarily lengthy EIS, spanning more than 3,600 pages of environmental analysis. The Board’s EIS addressed the environmental effects of the railroad line. But the U. S. Court of Appeals for the D. C. Circuit nonetheless faulted the EIS for not sufficiently considering the environmental effects of projects separate from the railroad line itself—primarily, the environmental effects that could ensue from (i) increased oil drilling upstream in the Uinta Basin and (ii) increased oil refining downstream along the Gulf Coast of Louisiana and Texas.***

Eagle County, Colorado, sued. Eagle County is on the Continent Divide, hundreds of miles away from the proposed railroad.

review of an agency’s EIS is not the same thing as review of the agency’s final decision concerning the project. *** That, too, follows from NEPA’s status as a purely procedural statute. The ultimate question is not whether an EIS in and of itself is inadequate, but whether the agency’s final decision was reasonable and reasonably explained. Review of an EIS is only one component of that analysis. Even if an EIS falls short in some respects, that deficiency may not necessarily require a court to vacate the agency’s ultimate approval of a project, at least absent reason to believe that the agency might disapprove the project if it added more to the EIS.***

Even apart from failing to afford sufficient deference to the Surface Transportation Board, the D. C. Circuit’s decision was mistaken on the merits under NEPA. The D. C. Circuit erroneously required the Board to address environmental effects from projects that are separate in time or place from the 88-mile railroad project at hand— that is, effects from potential future projects or from geographically separate projects. Moreover, those separate projects fall outside the Board’s authority and would be initiated, if at all, by third parties. In its EIS, the Board determined that upstream oil drilling in the Uinta Basin and downstream oil refining along the Gulf Coast were separate from the construction and operation of the 88-mile railroad line. The Board’s EIS explained that the “proposed rail line and any future oil and gas development projects are not two phases of a single action,” but “separate, independent projects.” App. 523. Those other projects, the Board reasoned, should not be considered “part of the proposed action assessed in the EIS.” Ibid. The Board concluded that its EIS need not evaluate the possible environmental effects from separate upstream or downstream projects.***

Three justices concurred in the decision.

[roeswater]

the close friends story has spoken

[ngtimes]

Joshua vs Usyk: Usyk Wins by Unanimous Decision

Joshua vs Usyk: Usyk Wins by Unanimous Decision

Joshua vs Usyk The fight begins at White heartlane Tottenham Hotspur stadium with rancorous noise form fans in support of their respective boxers. Anthony Joshua lost his world titles for the second time in four fights as Oleksandr Usyk was crowned heavyweight champion. Favourite Joshua was on the back foot from the opening bell as Usyk made a fast start to his attempt to become a two-weight…

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[logicalstansadvice]

Sebastian is back together with Margarita. Look at their last instagram posts.

What???

Are they speaking to each other in some coded language only this stan understands?

Cosmic

Is this because they both of their posts contain the word 'Sunday' in them?

Lady Danger

Now, sis...

Heroine

Le Chef

Ruby Woo

Can we just not....

Vamp

[completemediaevent]

Is Deontay Wilder Over-hyped?

Recently Deontay Wilder defended his WBC Heavyweight title against the tough opponent Luis Ortiz at MGM Grand, Las Vegas. A crowd-pleasing one-punch knockout ended the scorecard matter where wilder was behind by all the judges. Wilder ( 42 - 41 - 0 -1), is sometimes mentioned as an overrated boxer and sometimes considered as a real deal by the boxing analysts and fans. Let us go through his career and fight statistics to get an answer.

 Record

 Deontay fought 43 professional bouts and never tasted a defeated, 41 of his victories came by a knockout. Only two times he heard the final bell; against Bermane Steverne and Tyson Fury, a Unanimous Decision and a Split Draw. In the rematch, he knocked out Bermane Steverne in the very first round and still waiting for a second chance against Tyson Fury. Boxrec.com considers him the number one heavyweight boxer while RingTV.com places him on the second in the same category. In Beijing Olympics 2008, Wilder finished third and captured a Bronze medal. His short amateur career comprises of 5 loses and 30 wins.

 Strength

 With a 95 percent KO ratio Deontay Wilder is a top contender at the heavyweight division. His 19 fights finished in the first round. He lands power shots with great timing, with both the hands. His right cross and overhand right are his trademark blows and usually result in a knockdown or a knockout. Good footwork is a strength of him too, at heavyweight division he moves in the ring like a welterweight fighter. His ring cutting is matchless at the division and almost every time he manages to chase his opponents to land power shots from a safe distance.

 Chin and Defense

 Although he has devastating power to knock any elite boxer out, his chin is still to be tested against the top opposition. He was knocked down against Harold Sconiers in 2010 who was not a big puncher. Deontay lacks some boxing abilities and is not a good inside boxer. He loves to maintain a distance while throwing punches. He sometimes gets sloppy against the moving boxers; as we saw against Tyson Fury. Sometimes he shows some good reflexes during the fight but all those relating to offense and counter-punching, Wilder is not good to slip punches for a better defense. He is not a good jabber and only relies on the power shots to finish the game early. A fighter who can take him to scorecards has a chance to defeat him, as his bout against Tyson Fury ended in a controversial draw, most of the boxing writers and analysts think Fury deserved the victory.

 Conclusion

 Deontay Wilder, a former football and basketball player who came to boxing at the age of 23, deserves a lot of credit. For a long time, he is mentioned in the top ten heavyweight boxers. He has defended his WBC title 8 times after winning it in 2015. Although he has less boxing IQ and weak defense even then he holds a big record which stands something big in the boxing. His ring generalship is only limited to dictate the pace of the fight and finish it as early as possible. He presses the fights to force his opponents to trade punches. His come-forward style, ring cutting, and blow exchanging always go in his favor and he finishes the bout in early rounds.

The bottom line is, Deontay Wilder is not a hype job he is a real deal. His style is crowd-pleasing and he made heavyweight division exciting to watch, once again.