The Sackett Decision: What It Means For Fracking

Law360, New York (April 26, 2012, 1:29 PM EDT) -- On March 21, 2012, the U.S. Supreme Court handed down a decision that clarified the U.S. Environmental Protection Agency’s (EPA) administrative enforcement authority.

The decision, Sackett, et al. v. EPA, et al. (Docket 10-1062), held that parties subject to an administrative compliance order (ACO) under 33 U.S.C. section 1319 of the Clean Water Act (CWA) are entitled to seek pre-enforcement review under the Administrative Procedures Act (APA).

The decision, while framed in the context of the CWA, may impact the EPA’s use of its administrative authority...
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