Tuesday, July 8, 2008
The D.C. Circuit denied Sierra Club's petition for mandamus (PDF Mandamus Petition) in Massachusetts v. EPA with a per curiam decision. (Mandamus Denial PDF) Judge Tatel wrote a thoughtful opinion concurring that mandamus was not warranted, but dissenting in the Court's decision to deny mandamus, rather than hold the petition in abeyance. He observed that the Court regularly holds the Agency's feet to the fire by requiring regular reports on the Agency's progress on remand. Tatel referenced the shenanigans of the Bush Administration in tabling EPA's proposed regulation.