Sacketts Win Right to Pre-Enforcement Review: A Victory for “Ordinary Americans”

Vol. 28 No. 4

Mr. Garrett is a senior counsel of Covington & Burling LLP in Washington D.C., and a former chair of the Section of Environment, Energy, and Resources. He submitted an amicus curiae brief in Sackett v. EPA on behalf of the Competitive Enterprise Institute.

The Supreme Court in March 2012 issued its long-awaited decision in Sackett v. EPA, 132 S. Ct. 1367 (2012), a case in which “ordinary Americans” were left “entirely at the mercy” of EPA, according to Justice Alito. In a 9–0 smackdown decision, the Court held that the Sacketts may bring a civil action under the Administrative Procedure Act (APA) to challenge an EPA compliance order.

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