Supreme Court to Consider Availability of Pre-enforcement Review of EPA Administrative Orders

Sackett v. EPA presents the issue of whether pre-enforcement review is available for EPA administrative orders other than CERCLA orders. The other major federal environmental statutes don’t have the express bar of pre-enforcement review that CERCLA has. Sackett is currently on the Supreme Court’s 2011-12 docket and will be the first time the Supreme Court has addressed this issue. More to come.

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