Sackett v. U.S. Environmental Protection Agency (EPA)

    Sackett v. U.S. Environmental Protection Agency (EPA)

    Sackett v. U.S. Environmental Protection Agency (EPA)

    The United States Supreme Court heard oral argument in Sackett v. U.S. EPA (Docket 10-1062) on January 9, 2012. We are awaiting the Court's decision. The decision could result in a paradigm shift in EPA administrative enforcement under the Clean Water Act (CWA) and other federal programs. At the core, the case addresses EPA's ...
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    The United States Supreme Court heard oral argument in Sackett v. U.S. EPA (Docket 10-1062) on January 9, 2012. We are awaiting the Court's decision. The decision could result in a paradigm shift in EPA administrative enforcement under the Clean Water Act (CWA) and other federal programs. At the core, the case addresses EPA's longstanding policy of refusing to acknowledge a right of judicial review prior to agency enforcement. This policy is based in finality and exhaustion of administrative remedies. The Court conducted spirited questioning; leading observers to wonder whether and to what extent it might eliminate the pre-enforcement review bar. Our panelists are John Cruden, ELI President and former long-time DOJ Deputy Attorney General, Environment and Natural Resources Division, and Damien Schiff, who argued the case for the Sacketts and is a Senior Staff Attorney for the Pacific Legal Foundation. They will provide a high level and free-wheeling analysis of the case to date, as well as predicting where it goes and what its impact might be.

    Product Details

    Sponsors

    Section of Environment, Energy, and Resources

    Product Code

    5350224AUD

    Publication Date

    2/1/2012 12:00:00 AM

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