Legal Opinion

Muhly v. Espy

District Court, W.D. Virginia

Decided January 18, 1995No. Civ. A. 94-0634-RPublishedCited by 5 opinions

1Opinion of the Court

MEMORANDUM OPINION

TURK, District Judge.

Plaintiffs brought this action pursuant to the citizen suit provision of the Administrative Procedure Act (APA) seeking a Writ of Mandamus to compel the Defendants to perform alleged non-discretionary duties. 5 U.S.C. § 702 and 28 U.S.C. § 1361. They claim they were excluded from the “scoping” process conducted by the Defendants in conjunction with Appalachian Power Company’s (APCo) proposal for the construction of a high-voltage transmission line. 1 By denying their participation, the Plaintiffs believe the Defendants have acted in violation of the…

2Cases cited14 opinions

  1. Conley v. GibsonSupreme Court of the United States · 1957
  2. Scheuer v. RhodesSupreme Court of the United States · 1974
  3. Abbott Laboratories v. GardnerSupreme Court of the United States · 1967
  4. Lujan v. National Wildlife FederationSupreme Court of the United States · 1990
  5. Califano v. SandersSupreme Court of the United States · 1977

9 more not listed; retrieve them via the Exa API.

3Cited by5 opinions

  1. In Re Wireless Telephone Radio Frequency EmissionsDistrict Court, D. Maryland · 2002
  2. Central Delta Water Agency v. United States Fish & Wildlife ServiceDistrict Court, E.D. California · 2009
  3. Walliser v. MinetaCourt of Appeals for the Seventh Circuit · 2002
  4. Pinney v. NokiaDistrict Court, D. Maryland · 2002
  5. Matter of Vaughan v. New York State Dept. of Transp.Appellate Division of the Supreme Court of the State of New York · 2024

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