In Re USA, 624 F.3d 1368

Everglades pollution involves phosphorus runoff altering Everglades ecology and Florida’s phosphorus rule and amendments were challenged under the Clean Water Act.
Tribe and Friends of the Everglades filed complaints challenging Florida amendments to water quality standards and the EPA’s approval of the phosphorus rule.
District court consolidated actions and granted summary judgment in Tribe/Friends’ favor in 2008, finding changes to Florida standards and parts of the phosphorus rule invalid or not properly reviewed.
In 2009 the EPA sought contempt findings for noncompliance; the court ordered a new Amended Determination and a hearing.
The April 14, 2010 order required Administrator appearance; the EPA moved to substitute the Assistant Administrator for Water; the district court denied the substitution and scheduled the October 7, 2010 hearing.

Issue	Plaintiff's Argument	Defendant's Argument	Held
Whether mandamus is warranted to substitute the official for appearance	EPA argues extraordinary circumstances justify substitution	District court held Administrator necessary for policy questions	Yes, substitution allowed; no special need for Administrator
Whether there was special need for the Administrator’s presence	No special need; Deputy could suffice	Administrator’s policy role is essential	No special need; Deputy adequate
Whether district court abused discretion by denying substitution	Discretion improperly encroaches on separation of powers	Court required personal appearance due to national importance	District court abused discretion; mandamus granted

In re United States, 985 F.2d 510 (11th Cir. 1993) (mandamus available to review appearance orders; special need required when possible witnesses exist)
Morgan, 313 U.S. 409 (Supreme Court 1941) (Secretary subjected to appearance; separation of powers concerns emphasized)
Clinton v. Jones, 520 U.S. 681 (1997) (presidential immunity; official burdens; separation of powers considerations)