Opening The Door To EPA Challenges — But Only So Far


Originally published in Law360, New York - April 13, 2012

In its March 21, 2012, opinion in the case of Sackett v. U.S. Environmental Protection Agency (EPA), et al., No. 10-1062, 566 U.S. ___ (March 21, 2012), the U.S. Supreme Court unanimously ruled a party may bring a civil action in a federal court under the Administrative Procedure Act (APA), 5 U.S.C. § 706, to challenge the issuance of a compliance order by the EPA for a violation of the Clean Water Act (CWA).

In issuing this decision, the Supreme Court not only reversed the U.S. Court of Appeals for the Ninth Circuit's decision that the CWA itself contained an implied intent to preclude pre-enforcement judicial review of compliance orders, but it also veered from the decisions of multiple U.S. Courts of Appeals in different circuits who previously confronted the issue.

Though any lasting effects of the Sackett decision must now play out over time, from first glance, it appears the EPA may face increased burdens in its compliance-order process and many more civil lawsuits brought by cited parties.

Please see full article below for more information.

LOADING PDF: If there are any problems, click here to download the file.

DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

© Sheppard Mullin Richter & Hampton LLP | Attorney Advertising

Written by:


Sheppard Mullin Richter & Hampton LLP on:

Reporters on Deadline

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:

Sign up to create your digest using LinkedIn*

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.