ELR Citation: ELR 20634
No(s). H-82-1168 (D. Conn. Apr 29, 1983)

The district court rules that it cannot compel the Administrator of the Environmental Protection Agency (EPA) to perform an interim audit of a contract awarded to plaintiff under the Federal Water Pollution Control Act to construct a portion of a sanitary sewer system in East Hampton, Connecticut. The court finds that while the audit provision creates a duty in the grant recipient to keep records open to EPA, it does not create a duty in EPA to perform an interim audit. Because the performance of an interim audit is discretionary, no writ of mandamus can issue.

Counsel for Plaintiff
John Rose Jr.
Byrne, Shechtman & Slater
P.O. Box 3216, Hartford CT 06103
(203) 525-4700

Counsel for Defendant
Thomas J. Riley, Ass't U.S. Attorney
P.O. Box 1824, New Haven CT 06508
(203) 432-2108

Jesse Carrillo
Land and Natural Resources Division
Department of Justice, Washington DC 20530
(202) 633-3126