![]() | This article includes a list of general references, but it lacks sufficient corresponding inline citations. (December 2013) |
Norton v. S. Utah Wilderness Alliance | |
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Argued March 29, 2004 Decided June 14, 2004 | |
Full case name | Gale Norton, Secretary of the Interior, et al. v. Southern Utah Wilderness Alliance et al. |
Docket no. | 03-101 |
Citations | 542 U.S. 55 (more) 124 S. Ct. 2373; 159 L. Ed. 2d 137 |
Court membership | |
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Case opinion | |
Majority | Scalia, 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.