Legal Opinion
Sierra Club v. Whitman
Court of Appeals for the Ninth Circuit
Decided October 2, 2001No. 00-16895PublishedCited by 60 opinions
1Opinion of the Court
Opinion by Judge CANBY; Concurrence by Judge GOULD.
OPINION
CANBY, Circuit Judge:
The question presented by this appeal is whether the actions of the Administrator of the EPA in failing or refusing to find a violation of the Clean Water Act, and in failing or refusing to take enforcement action against the violators, are discretionary decisions of the Administrator that are not subject to judicial review under the Act. We conclude that both decisions are discretionary and therefore not subject to review.
Facts and Procedural Background
Sierra Club, Grand Canyon Chapter and Teresa Leal…
2Cases cited15 opinions
- Vaca v. SipesSupreme Court of the United States · 1967
- United States v. NixonSupreme Court of the United States · 1974
- Heckler v. ChaneySupreme Court of the United States · 1985
- United States v. BatchelderSupreme Court of the United States · 1979
- Gwaltney of Smithfield, Ltd. v. Chesapeake Bay Foundation, Inc.Supreme Court of the United States · 1987
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3Cited by60 opinions
- Richard A. Balser Corinne L. Balser v. Department of Justice, Office of the United States TrusteeCourt of Appeals for the Ninth Circuit · 2003
- Secretary of Labor v. Twentymile Coal Co.Court of Appeals for the D.C. Circuit · 2006
- Sacks v. Office of Foreign Assets ControlCourt of Appeals for the Ninth Circuit · 2006
- Sanitary Brd of Charleston v. Andrew WheelerCourt of Appeals for the Fourth Circuit · 2019
- Donald Walden, Jr. v. State of NevadaCourt of Appeals for the Ninth Circuit · 2019
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