High Court Takes Up Landowners' Fight Over CWA Order

Law360, New York (June 28, 2011, 1:23 PM EDT) -- The U.S. Supreme Court decided Tuesday to review a decision barring Idaho landowners from immediately suing federal environmental regulators over a Clean Water Act compliance order that put the brakes on their new home construction.

In reviewing a Ninth Circuit decision, the Supreme Court will consider whether the landowners may sue the U.S. over the administrative compliance order before the government takes them to court to enforce it, and whether their current inability to do so violates their due process rights.

Chantell and Michael Sackett are...
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