Aug 3, 2023

EPA Criticized for Slow Response to WOTUS Ruling

The EPA is facing heavy criticism from Republican lawmakers, states, and industry groups for its “slow response” to the Supreme Court’s Ruling in Sackett v. EPA. After the ruling, which set out parameters for defining “waters of the United States,” the Army Corps of Engineers has ceased issuing jurisdictional determinations, which effectively halts the issuance of new 404 Permits. Industry groups have urged the EPA to issue an emergency rule in keeping with the Sackett decision on an expedited basis in order to allow the Corps to resume issuance of jurisdictional determinations. The Biden administration, however, appears to be keeping… Read more

Mar 21, 2012

U.S. Supreme Court Issues Decision on Pre-Enforcement Judicial Review of EPA Compliance Orders

On March 21, 2012, the U.S. Supreme Court issued an unanimous decision in Sackett v. EPA, a closely watched case addressing the enforcement authority of the U.S. EPA under § 309 of the federal Clean Water Act (CWA).  Without addressing the underlying substantive issue regarding the jurisdictional scope of the CWA, the Supreme Court held that a defendant is entitled to obtain judicial review of an EPA administrative compliance order prior to EPA taking any enforcement action regarding the order. In Sackett, two Idaho landowners received an administrative compliance order from EPA in which EPA (1) concluded that the Sacketts… Read more