Can a federal district court order a mandatory injunction to compel the federal government to take action for failing to comply with a statutory mandate?

Under the Administrative Procedure Act, a district court, "shall . . . compel agency action unlawfully withheld." 5 U.S.C. S 706(1) (West 1996). Government inaction despite a statutory mandate may support a mandatory injunction issued by the court. In Houseton v. Nimmo, 670 F.2d 1375 (9th Cir. 1982), we affirmed the district court's order compelling agency action after 16 months of unlawful inaction. This Court ruled that the lower court's findings of "unreasonable delay and serious prejudice" were proper. Id. at 1378.

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