Under CWA Section 505, what type of duty can any citizen seek relief against the Administrator (EPA) for failing to perform?

Under the Clean Water Act (CWA) Section 505, citizens have the right to seek judicial relief against the Environmental Protection Agency (EPA) for failing to perform a nondiscretionary duty. This means that the statutory requirements set by the CWA impose clear, specific obligations on the EPA that do not leave room for judgment or discretion.

When the EPA is mandated to take certain actions—such as enforcing regulations or responding to violations—these obligations are defined in a manner that compels compliance. If the agency fails to fulfill these duties, individuals have the standing to bring lawsuits to enforce the law and hold the agency accountable, ensuring that environmental protections are observed. The ability for citizens to act in this manner reinforces the accountability of the EPA and fosters public participation in environmental governance.

Understanding the distinction between nondiscretionary duties and other options, such as discretionary duties or rule-making functions, is important. Discretionary duties involve decisions made based on the agency's judgment, and rule-making functions pertain to the establishment of new regulations, while policy recommendations do not carry the force of law. In contras, the nondiscretionary nature of certain obligations under the CWA empowers citizens to intervene when those obligations are neglected.