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CWA Compliance Orders Subject to Pre-Enforcement Review
Apr 04, 2012
In an unprecedented decision published March 21, 2012, the U.S. Supreme Court reversed the Ninth Circuit’s Court of Appeals to unanimously hold an EPA compliance order issued pursuant to the Clean Water Act (“CWA”) as “final agency action for which there is no adequate remedy other than [judicial review under the Administrative Procedure Act (“APA”)].” Sackett v. Environmental Protection Agency, 2012 WL 932018, at *7 (U.S.). It further held that the CWA “does not preclude [APA] review.” Id. This holding did not go so far as to decide whether EPA’s compliance order is enforceable; with standing now established, the Sacketts will argue that issue on remand.
The Jorden Bischoff & Hiser, PLC blog is designed to provide companies with news and information on subject matters addressed by our firm. Posts include commentary, links to news, events and other developments. If you have any questions about a blog post and how it may apply to your company, please contact us. All blog posts are the opinion of the authoring attorney and are not legal opinions that should be relied upon unless first discussed with our legal staff.
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