Whenever the Governor of a State which has been delegated sufficient authority to administer the construction grant program under this subchapter in that State certifies to the Administrator that a grant application meets applicable requirements of Federal and State law for assistance under this subchapter, the Administrator shall approve or disapprove such application within 45 days of the date of receipt of such application. If the Administrator does not approve or disapprove such application within 45 days of receipt, the application shall be deemed approved. If the Administrator disapproves such application the Administrator shall state in writing the reasons for such disapproval. Any grant approved or deemed approved under this section shall be subject to amounts provided in appropriation Acts.
Notes of Decisions
Fairview Twp. v. United States Env't Prot. Agency, 593 F. Supp. 1311 (M.D. Penn. 1984).
· cites it 7× “The Section goes on to provide for jurisdiction in the district courts “to order the Administrator to perform such act or duty, as the case may be____” The Plaintiffs allege that the Administrator has failed to perform a mandatory duty established by the “state certification”…”
Fairview Twp. v. United States Env't Prot. Agency, 773 F.2d 517 (3rd Cir. 1985).
· cites it 5× “We therefore must determine whether the Administrator was actually under the nondiscretionary duty appellants allege, namely the duty prescribed by 33 U.S.C. § 1299 to approve or disapprove grant applications within forty-five days of receipt from a state agency that has…”
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