City of Seabrook, Richard D. Rogan v. Douglas M. Costle, Administrator, Environmental Protection Agency

How courts have described this case

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

• noting that the requirement that the U.S. EPA first “find” a violation made § 7413 a non- discretionary duty
• noting that the requirement that EPA first “find” a violation made Section 7413 a non-discretionary duty
• statutory authority to make finding of violation creates discretionary duty to make findings when violation is alleged
• Although “the word ‘shall’ is normally interpreted to impose a mandatory duty, . . . when duties within the traditional realm of prosecutorial discretion are involved, the courts have not found this maxim controlling.” (internal citation omitted)

Source: CourtListener parenthetical corpus (CC0).