2007 Judges' Edition Bench Memorandum: Nineteenth Annual Pace National Environmental Law Moot Court Competition
Bibliographic record
Abstract
This consolidated case involves two actions: (i) The Canadian Province of Inuksuk and the Village of Akuli, Canada, plaintiffs below and appellants here, brought a public nuisance suit against five coal-fired power plants in the State of New Union, United States, defendants below and appellees here, alleging that pollution from appellees' plants contributes to global warming, imperiling the property and livelihood of appellants' citizens.(ii) The Province of Inuksuk brought a citizen's suit under the Clean Air Act (CAA), 42 U.S.C. § 7604 ( 2006), against the Administrator of the U.S. Environmental Protection Agency (EPA) arguing that the EPA has a mandatory duty under section 115 of the CAA, 42 U.S.C. § 7415 ( 2006), to take certain actions to reduce the appellees' carbon dioxide emissions.Appellants added a claim to this action under the Trail Smelter doctrine that the United States, through the EPA, has an obligation under customary international law to regulate carbon dioxide emissions from coalfired power plants.The parties were asked to brief six issues related to these two actions:1.After Illinois v. City of Milwaukee does there remain a federal common law of nuisance that could be applied to carbon dioxide emissions from power plants in New Union?2. If a public nuisance exists related to CO 2 under either federal or state law, is it appropriate to apply the Landers v. East Texas Salt Water Disposal Co. rule on indivisible harm to the circumstances in this case?3. Should the precautionary principle, a principle of international law, be a consideration in balancing benefits versus harm in a nuisance analysis?4. Is the harm to plaintiffs Province of Inuksuk and Village of Akuli sufficiently concrete to provide standing to bring the nuisance action? 5. Is U.S. Environmental Protection Agency required by section 115 of the Clean Air Act to notify the Governor of New Union that the State must amend its State Implementation Plan to reduce emissions from the defendant power plants to a level consis
Fetched live from OpenAlex and de-inverted. Abstracts are not stored in this database: the inverted indexes are 8.6 GB of the frame’s 9.3 GB of text, and the host has 13 GB free.
How this classification was reachedexpand
Full frame machine prediction
Teacher imitationNot calibrated prevalence, not ground truth. Human validation pending. The Gemma side is a direct model label for every work in the frame, read from the title-only record. The Codex side is a classifier learned from the 10,348 direct Codex labels and calibrated to design-weighted sample rates; fields without enough sample support carry no Codex call. Candidate is the union of the two sides; consensus is their intersection. These outputs are machine_predicted_unvalidated and are not human labels.
Distilled classifier scores by category (both heads)
| Category | Codex | Gemma |
|---|---|---|
| Metaresearch | 0.005 | 0.010 |
| Meta-epidemiology (narrow) | 0.001 | 0.001 |
| Meta-epidemiology (broad) | 0.001 | 0.002 |
| Bibliometrics | 0.002 | 0.001 |
| Science and technology studies | 0.013 | 0.003 |
| Scholarly communication | 0.014 | 0.004 |
| Open science | 0.004 | 0.005 |
| Research integrity | 0.025 | 0.017 |
| Insufficient payload (model declined to judge) | 0.075 | 0.043 |
Machine scores (provisional)
The two teacher heads of the student model, read on this work. A score orders the frame for review; it never asserts a category, and the validation status ships verbatim with every row.
Baseline scores from an immature model (maturity gate not passed, 7 training rounds). Scores rank; they never assert a category.
score_only:v0-immature-baseline · verbatim from the scoring run: score_only means the number may rank works, and no category label ships from itClassification
machine, unvalidatedMachine predicted; a candidate call from one source (direct Gemma or distilled Codex), not a consensus.
How this classification was reached, model by model and score by score, is at the end of the page under "How this classification was reached".