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