· 4/16/1996
Raymond Proffitt Foundation v. United States Environmental Protection Agency
Citations
- 930 F. Supp. 1088
- 26 Envtl. L. Rep. (Envtl. Law Inst.) 21601
- 42 ERC (BNA) 1702
- 1996 U.S. Dist. LEXIS 4872
How courts have described this case
Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.
- concluding that statutory framework “enable[d]” the court “to infer a reasonable time frame within which” an agency must act
- stating that “[e]xpress deadlines in the [Clean Air Act] typically create nondiscretionary duties to act”
- “[T]he court concludes that a nineteen-month delay in preparing and publishing proposed regulations is not fulfilling a public duty promptly”
- “In this situation, Congress has stated that the Administrator—and nobody else—must promptly prepare and promulgate an acceptable water quality standard”
- “Once the EPA has disapproved the state standard, the ball is in the EPA’s court. Nothing in the [CWA] authorizes the EPA to defer to the state or put off its obligation” to ensure a current standard is in place
- providing three reasons not to follow the same case
Source: CourtListener parenthetical corpus (CC0).
Judges: Bechtle
Read full opinion on CourtListenerSourced from CourtListener / Free Law Project (CC0).
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