Tag Archives: EPA

Supreme Court Rules Against EPA on CWA Compliance Orders

In a unanimous decision earlier this week, the Supreme Court rejected the Environmental Protection Agency’s (“EPA”) position that compliance orders issued under the Clean Water Act (“CWA”) are not subject to judicial review under the Administrative Procedure Act (“APA”) in Sackett v. EPA. Justice Alito, in a concurring opinion, rejected EPA’s view that such orders were not immediately reviewable as a final administrative action by pointing to the practical implications of such authority: “The position taken in this case by the Federal Government—a position that the Court now squarely rejects—would have put the property rights of ordinary Americans entirely at … Continue reading

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Supreme Court to Rule on EPA’s Clean Water Act Authority

On January 9, 2012 the United States Supreme Court heard oral arguments in the Sackett v. EPA case. The case may have a long lasting impact on the EPA’s right to enforce certain provisions of the Clean Water Act (CWA). There are two issues presented in this Sackett proceeding: (1) whether petitioners may seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U.S.C. § 704; and, if not, (2) whether petitioner’s inability to seek pre-enforcement judicial review of the administrative compliance order violates their rights under the Due Process Clause? The case arose … Continue reading

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