Norton v. Southern Utah Wilderness Alliance, 542 U.S. 55 (2004), was a Supreme Court case that held that although the Administrative Procedure Act says that a person may challenge an agency's failure to act, this provision essentially just carries forward the writ of mandamus. Thus an agency cannot be compelled to act unless there is some non-discretionary, discrete act. Therefore, in this case, an interest group could not challenge an agency's failure to "act so as to preserve the wilderness" in accordance with the statute.
Under the Federal Land Policy and Management Act of 1976, the federal Bureau of Land Management is required to manage "2.5 million acres of land in Utah" called "wilderness study areas." The Southern Utah Wilderness Alliance and other environmentalist groups filed suit under the Administrative Procedure Act, compelling the government to act when "an agency has failed to meet its legal duties." The Wilderness Alliance claimed that the Bureau of Land Management had failed to adequately protect the study areas and that the bureau permitted off-road vehicle use that damaged the study areas, violating the act passed by Congress in 1976.[1]
norton, southern, utah, wilderness, alliance, this, article, includes, list, general, references, lacks, sufficient, corresponding, inline, citations, please, help, improve, this, article, introducing, more, precise, citations, december, 2013, learn, when, rem. This article includes a list of general references but it lacks sufficient corresponding inline citations Please help to improve this article by introducing more precise citations December 2013 Learn how and when to remove this template message Norton v Southern Utah Wilderness Alliance 542 U S 55 2004 was a Supreme Court case that held that although the Administrative Procedure Act says that a person may challenge an agency s failure to act this provision essentially just carries forward the writ of mandamus Thus an agency cannot be compelled to act unless there is some non discretionary discrete act Therefore in this case an interest group could not challenge an agency s failure to act so as to preserve the wilderness in accordance with the statute Norton v S Utah Wilderness AllianceSupreme Court of the United StatesArgued March 29 2004Decided June 14 2004Full case nameGale Norton Secretary of the Interior et al v Southern Utah Wilderness Alliance et al Docket no 03 101Citations542 U S 55 more 124 S Ct 2373 159 L Ed 2d 137Court membershipChief Justice William Rehnquist Associate Justices John P Stevens Sandra Day O ConnorAntonin Scalia Anthony KennedyDavid Souter Clarence ThomasRuth Bader Ginsburg Stephen BreyerCase opinionMajorityScalia joined by unanimousLaws appliedAdministrative Procedure Act 702 704 706 Contents 1 Background 2 See also 3 References 4 External linksBackground EditUnder the Federal Land Policy and Management Act of 1976 the federal Bureau of Land Management is required to manage 2 5 million acres of land in Utah called wilderness study areas The Southern Utah Wilderness Alliance and other environmentalist groups filed suit under the Administrative Procedure Act compelling the government to act when an agency has failed to meet its legal duties The Wilderness Alliance claimed that the Bureau of Land Management had failed to adequately protect the study areas and that the bureau permitted off road vehicle use that damaged the study areas violating the act passed by Congress in 1976 1 See also EditList of United States Supreme Court cases volume 542 List of United States Supreme Court casesReferences Edit Norton v Southern Utah Wilderness Alliance 542 US 55 2004 Oyez Chicago Kent College of Law Retrieved 8 December 2013 External links EditText of Norton v Southern Utah Wilderness Alliance 542 U S 55 2004 is available from Justia Library of Congress Oyez oral argument audio This article related to the Supreme Court of the United States is a stub You can help Wikipedia by expanding it vte Retrieved from https en wikipedia org w index php title Norton v Southern Utah Wilderness Alliance amp oldid 1104908122, wikipedia, wiki, book, books, library,
