· 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 CourtListenerSourced from CourtListener / Free Law Project (CC0).
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