Case Study: Sackett V. EPA

Law360, New York (April 5, 2012, 1:24 PM EDT) -- On March 21, 2012, the U.S. Supreme Court unanimously reversed a decision by the United States Court of Appeals for the Ninth Circuit, holding that a compliance order issued under the Clean Water Act constitutes a “final agency action” and that recipients of these orders may immediately file suit challenging such orders under the Administrative Procedure Act (“APA”). The decision repudiates the position of the United States Environmental Protection Agency that the targets of such orders must wait until EPA decides to enforce the order before...
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