Sierra Club v. Russell Train, Administrator of the Environmental Protection Agency v. State of Alabama, Intervenors-Appellants

How courts have described this case

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

• construing a clause of the Federal Water Pollution Control Act quite similar to § 113(a)
• analyzing nondiscretionary duties in context of Federal Water Pollution Control Act
• when no mandatory duty is alleged, claim is properly dismissed for lack of subject matter jurisdiction
• “Use of the word ‘shall’ generally indicates a mandatory intent unless a convincing argument to the contrary is made”
• “Use of the word ‘shall’ generally indicates a mandatory intent unless a convincing argument to the contrary is made”
• EPA decision to enforce the Federal Water Pollution Control Act was discretionary, even though the statute mandates that the Administrator “shall” issue a compliance letter if he finds a violation

Source: CourtListener parenthetical corpus (CC0).