Supreme Court Says EPA Administrative Orders Subject to Pre-Enforcement Review

Clean Water Act administrative orders are final agency actions subject to immediate pre-enforcement judicial review under the Administrative Procedure Act, the U.S. Supreme Court held in a unanimous opinion March 21 (Sackett v. EPA).

In a case that attorneys say could affect Clean Water Act enforcement, the court ruled against the Environmental Protection Agency in a lawsuit brought by Idaho property owners who argued they were entitled to judicial review of an EPA wetlands compliance order before EPA had begun an enforcement action in federal court.

Justice Antonin Scalia delivered the opinion, which held that Chantell and Michael ...