context: . The only detail of the evaluation duty that Section 321(a) provides is that the duty includes "investigating threatened plant closures or reductions in employment allegedly resulting from [CAA] administration or enforcement." 42 U.S.C. SS 7621(a). However, Section 321(a) explicitly notes that these investigations need only be conducted "where appropriate," id., and thereby renders them a matter of agency discretion unreviewable under Section 304(a)(2). See Guilford Cty.
citation_a.signal: cf.
citation_a.parenthetical: explaining that " 'appropriate' is the classic broad and all-encompassing term" -- one that "leaves agencies with flexibility"
citation_a.sentence: Cmty. Action Program, Inc. v. Wilson, 348 F.Supp.2d 548, 556 (M.D.N.C. 2004) (holding that a statute providing that a state "shall” offer training and assistance "if appropriate” leaves the state with "discretion in providing training and assistance”); cf. Michigan v. EPA, - U.S. -, 135 S.Ct. 2699, 2707, 192 L.Ed.2d 674 (2015) (explaining that " 'appropriate' is the classic broad and all-encompassing term” — one that "leaves agencies with flexibility”) (internal quotation marks omitted).
citation_b.signal: no signal
citation_b.identifier: 348 F.Supp.2d 548, 556
citation_b.parenthetical: holding that a statute providing that a state "shall" offer training and assistance "if appropriate" leaves the state with "discretion in providing training and assistance"
citation_b.sentence: Cmty. Action Program, Inc. v. Wilson, 348 F.Supp.2d 548, 556 (M.D.N.C. 2004) (holding that a statute providing that a state "shall” offer training and assistance "if appropriate” leaves the state with "discretion in providing training and assistance”); cf. Michigan v. EPA, - U.S. -, 135 S.Ct. 2699, 2707, 192 L.Ed.2d 674 (2015) (explaining that " 'appropriate' is the classic broad and all-encompassing term” — one that "leaves agencies with flexibility”) (internal quotation marks omitted).