Questioning The Validity Of EPA's Enforcement Tool

Law360, New York (January 10, 2012, 1:58 PM EST) -- On Monday, Jan. 9, 2012, the United States Supreme Court heard oral arguments in Sackett v. United States Environmental Protection Agency, No. 10-1062. According to news agencies attending the oral argument, the justices seemed skeptical of the EPA’s contention that its administrative compliance orders (ACOs) issued under the Clean Water Act (CWA) were not subject to judicial review until and unless the EPA brought an enforcement action.

Reportedly, Justice Antonin Scalia called the EPA’s practice of dealing with private property to be high-handed, while Justice Samuel...
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