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· 6/22/2004

In Re American Rivers

Citations

  • 372 F.3d 413
  • 362 U.S. App. D.C. 46
  • 58 ERC (BNA) 1746
  • 2004 U.S. App. LEXIS 12238
  • 2004 WL 1379864

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 agency failed to take any action on petitioner’s petition
  • addressing what a party needs to show when it seeks a writ of mandamus for unreasonable delay under 5 U.S.C. § 706(1)
  • finding delay unreasonable where agency’s “dilatoriness is apparently uncharacteristic of the relatively swift treatment it routinely gives similar petitions”
  • mandating a response within forty-five days because the harm of inaction may result in the possible extinction of a species
  • explaining that “the primary purpose of the writ [of mandamus] in circumstances” in which a plaintiff files a § 706(1) claim directly in the D.C. Circuit “is to ensure than an agency does not thwart [the Circuit’s] jurisdiction by withholding a reviewable decision”
  • \[T]he primary purpose of the writ in circumstances like these is to ensure that an agency does not thwart [the court's] jurisdiction by withholding a reviewable decision.\

Source: CourtListener parenthetical corpus (CC0).

Judges: Edwards, Henderson, Williams

Read full opinion on CourtListener

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.