Sackett: Implications For Pre-Enforcement Review

Law360, New York (May 14, 2012, 1:21 PM EDT) -- On March 21, 2012, the United States Supreme Court issued a unanimous decision in Sackett v. EPA (No. 10-1062) holding that the recipient of a U.S. Environmental Protection Agency (EPA) compliance order pursuant to the Clean Water Act (CWA) may seek pre-enforcement judicial review to challenge the EPA’s order.

Will this decision facilitate pre-enforcement review under other environmental statutes like the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)? Because the Sackett holding is based on the Administrative Procedures Act (APA) and the CWA’s silence on...
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