Opening The Door To EPA Challenges — But Only So Far

Law360, New York (April 13, 2012, 1:31 PM EDT) -- 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....
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