Supreme Court Allows Pre-enforcement Review of EPA Compliance Orders under the CWA

By April 11, 2012 Environmental

On March 21, 2012, the Supreme Court found in Sackett v. EPA that the Sackett family has the right to a pre-enforcement review of an EPA compliance order under the Clean Water Act. The Court found that the EPA’s compliance order constituted a final agency action because the order “mark[ed] the ‘consummation’ of the agency’s decisionmaking process.” The Court rejected the EPA’s argument that the CWA impliedly precludes judicial review. The Court stated that the Administrative Procedure Act carries a presumption of judicial review of agency actions, which “is a repudiation of the principle that efficiency of regulation conquers all.”

Leave a Reply