Norton v. Southern Utah Wilderness Alliance

Norton v. S. Utah Wilderness Alliance
Argued March 29, 2004
Decided June 14, 2004
Full case nameGale Norton, Secretary of the Interior, et al. v. Southern Utah Wilderness Alliance et al.
Docket no.03-101
Citations542 U.S. 55 (more)
124 S. Ct. 2373; 159 L. Ed. 2d 137
Court membership
Chief Justice
William Rehnquist
Associate Justices
John P. Stevens · Sandra Day O'Connor
Antonin Scalia · Anthony Kennedy
David Souter · Clarence Thomas
Ruth Bader Ginsburg · Stephen Breyer
Case opinion
MajorityScalia, joined by unanimous
Laws applied
Administrative Procedure Act 702, 704, 706.

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.


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