Law360 Guest Article: Sackett: Implications For Pre-Enforcement Review


On March 21, 2012, the United States Supreme Court issued a unanimous decision in Sackett v. EPA (No. 10-1062) holding that the recipient of a U.S. Environmental Protection Agency (EPA) compliance order pursuant to the Clean Water Act (CWA) may seek pre-enforcement judicial review to challenge the EPA’s order.

Will this decision facilitate pre-enforcement review under other environmental statutes like the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA)? Because the Sackett holding is based on the Administrative Procedures Act (APA) and the CWA’s silence on pre-enforcement review, its direct impact on compliance orders issued pursuant to CERCLA will be limited.

Excerpted from Law360, May 14, 2012. To read the full article, click here (subscription required).

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