Monthly Archives

October 2011

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

By | Environmental | No Comments

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.