Practice question
The law leaves a choice among lawful technical solutions to an agency. A petitioner seeks an order compelling its preferred design solely because it considers it superior. Which is best?
- Every preference becomes a ministerial duty
- The court must select the petitioner’s design automatically
- No environmental duty can ever be enforced
- Any agency decision is immune from every form of review
- Continuing mandamus does not merely substitute the petitioner’s preferred discretionary choice for the agency’s lawful judgment
Legal references
- AM09-6-8-SC Rule8 Section1: https://lawphil.net/courts/supreme/am/am_09-6-8-sc_2010.html
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