Perspective
May 23, 2013
Court says Clean Water Act permit reviews cannot be compelled
The decision serves as a lesson in the procedure and challenges a petitioner faces in presenting a writ of mandamus in federal court. By Christopher Smith and Steven Hoch
This month, an environmental group lost its bid to force the U.S. Environmental Protection Agency to take action in reviewing two long-expired National Pollution Discharge Elimination System (NPDES) permits. In the decision of In re: Sierra Club, Inc. et al., the 1st Circuit Court of Appeals held that "[w]hile the EPA's delays in reissuing the NPDES permits are concerning and extensive, [Sierra Club] ha[s] not ...
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