JW e-Alert by Leonard Dougal & Dudley McCalla.
On March 21, 2012, the Supreme Court of the United States issued its decision in Sackett v. Environmental Protection Agency, a major victory for persons subjected to administrative "compliance orders" of the EPA, which the EPA had asserted allowed no right to judicial review. In a unanimous decision, the Court ruled that property owners who had received, without prior hearing, a compliance order under § 309 of the Clean Water Act have the right to bring a civil action challenging the order in federal district court under the Administrative Procedure Act.
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Friday, March 23, 2012
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