9th Circ. Affirms Bar On Review Of CWA Orders

Law360, New York (September 17, 2010, 6:34 PM EDT) -- In the face of a challenge from a private landowner, a federal appeals court on Friday upheld the bar on judicial review of Clean Water Act administrative compliance orders in cases in which the U.S. Environmental Protection Agency has not filed a lawsuit in federal court to enforce the order.

It is “fairly discernable” from the language and structure of the CWA that Congress intended to preclude pre-enforcement judicial review of administrative compliance orders issued by the EPA, a three-judge panel ruled in the U.S. Court...
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