disclaiming jurisdiction where EPA had refused to perform nondiscretionary responsibility to propose comprehensive sludge management regulations
How later courts described this case
- disclaiming jurisdiction where EPA had refused to perform nondiscretionary responsibility to propose comprehensive sludge management regulations
Written by the judges who cited it.
The opinion
ENGEL, Chief Judge,
concurring.
I fully concur in section I of Judge Well-ford’s excellent opinion concluding that we are without jurisdiction to hear this petition for review. Having held as much, I refrain from joining in the remainder of the opinion, not because of disagreement with its content but because, having concluded that we have no jurisdiction over the controversy at this stage, I am uncomfortable in joining in comments which, while they may be well borne out ultimately by later developments, are essentially dicta at this point as the majority opinion acknowledges.