A platform for research: civil engineering, architecture and urbanism
A platform for research: civil engineering, architecture and urbanism
USEPA Investigations Discretionary
The Duboises filed an action against the USEPA for failing to investigate their complaint that a creek running through their property was frequently contaminated by raw sewage overflowing from a malfunctioning lift station at a nearby sewage treatment plant. The trial court awarded the Duboises mandatory injunctive relief but the appellate court reversed this decision, stating that the Water Pollution Control Act makes no mention of a duty to make findings, much less a duty to carry out an investigation of every citizen complaint. Furthermore, the court said that to require mandatory investigation of every citizen complaint could compel the USEPA to expend its limited resources investigating “multitudinous complaints, irrespective of the magnitude of their environmental significance.”
USEPA Investigations Discretionary
The Duboises filed an action against the USEPA for failing to investigate their complaint that a creek running through their property was frequently contaminated by raw sewage overflowing from a malfunctioning lift station at a nearby sewage treatment plant. The trial court awarded the Duboises mandatory injunctive relief but the appellate court reversed this decision, stating that the Water Pollution Control Act makes no mention of a duty to make findings, much less a duty to carry out an investigation of every citizen complaint. Furthermore, the court said that to require mandatory investigation of every citizen complaint could compel the USEPA to expend its limited resources investigating “multitudinous complaints, irrespective of the magnitude of their environmental significance.”
USEPA Investigations Discretionary
1987-12-01
1 pages
Article (Journal)
Electronic Resource
English
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