Sackett: Bolstering Energy Cos.' Enforcement Defense

Law360, New York (May 22, 2012, 6:14 PM EDT) -- In its highly anticipated decision in Sackett v. U.S. Environmental Protection Agency (EPA)[1], the U.S. Supreme Court unanimously held that landowners may bring a civil action under the Administrative Procedure Act (APA)[2] to challenge an EPA compliance order issued under the Clean Water Act (CWA).[3]

While undoubtedly a victory for property rights advocates, Sackett may have broader implications for regulated parties, including energy companies in two areas holding promise for extending Sackett’s reasoning: (1) challenges to compliance orders issued under environmental statutes other than the CWA,...
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