Admin Law Practice Exam

Enforcement decisions are discretionary. A writ of mandamus to compel enforcement is appropriate only when the agency has a clear, nondiscretionary duty to act and has refused or failed to act. In many environmental statutes, the agency retains broad discretion to decide whether to pursue enforcement, weighing factors like priorities, resources, and the likelihood of success. Therefore, even if an investigation shows violations, the court will typically not order the agency to enforce; it defers to the agency’s enforcement discretion. That’s why the correct reasoning is that the court will deny mandamus because enforcement discretion is committed to the agency. The other options assume a mandatory duty or that violations automatically require enforcement, which the law does not typically impose.