March 01, 2014

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

Theodore L. Garrett

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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