Legal Opinion · Dissent

A Community Voice v. U.S. Environmental Protection Agency

Court of Appeals for the Ninth Circuit

Decided December 27, 2017No. 16-72816Published

1DissentN.R. Smith, Circuit Judge

Because neither the Toxic Substances Control Act and the amendments in the Paint Hazard Act (collectively referred to as “TSCA”) nor the Administrative Procedures Act (“APA”) mandates the Environmental Protection Agency (“EPA”) to act, the majority improperly granted a writ of mandamus. Therefore, I must dissent.

I

A writ of mandamus is a “drastic [remedy], to be invoked only in extraordinary situations.” Kerr v. U. S. Dist. Court for N. Dist. of California, 426 U.S. 394, 402, 96 S.Ct. 2119, 48 L.Ed.2d 725 (1976). “To show entitlement to mandamus, plaintiffs must demonstrate (1) a clear and…

2Cases cited14 opinions

Kerr v. United States Dist. Court for Northern Dist. of Cal.Supreme Court of the United States · 1976
Norton v. Southern Utah Wilderness AllianceSupreme Court of the United States · 2004
Hartford Underwriters Insurance v. Union Planters Bank, N. A.Supreme Court of the United States · 2000
American Hospital Association v. Sylvia BurwellCourt of Appeals for the D.C. Circuit · 2016
Lewis v. City of ChicagoSupreme Court of the United States · 2010

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