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· 5/23/2008

Our Children's Earth Foundation v. United States Environmental Protection Agency

Citations

  • 527 F.3d 842
  • 2008 U.S. App. LEXIS 11083
  • 38 Envtl. L. Rep. (Envtl. Law Inst.) 20125
  • 66 ERC (BNA) 1769

How courts have described this case

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

  • explaining that such “technology-based” effluent limitations are “determined according to the best available or practicable technology” for reducing pollution at the source
  • noting that use of “if appropriate” in the statute signifies a grant of discretion
  • noting that use of “if appropriate” in the statute signifies a grant of discretion
  • noting that use of “if appropriate” in the statute signifies a grant of discretion
  • stating that plaintiffs must “point to a nondiscretionary duty that is readily-ascertainable and not only [] the product of a set of inferences based on the overall statutory scheme” (alteration in original) (internal quotation marks omitted)
  • stating that plaintiffs must “point to a nondiscretionary duty that is readily-ascertainable and not 34 VIETNAM VETERANS OF AMERICA V. CIA only [] the product of a set of inferences based on the overall statutory scheme” (alteration in original

Source: CourtListener parenthetical corpus (CC0).

Judges: Wallace, Nelson, McKeown

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.