U.S. Supreme Court Opens Courthouse Doors For Early Challenges To Environmental Agency Orders

The Supreme Court today handed down its decision in the widely discussed case of Sackett v. Environmental Protection Agency, addressing the question of whether a regulated party can obtain pre-enforcement review of EPA administrative compliance orders under the Clean Water Act (CWA).¹ In a unanimous decision, the Court dealt EPA a major setback by reversing the lower court decision and holding that the petitioners are entitled to bring suit under the Administrative Procedure Act (APA) to challenge the jurisdictional basis for such orders. This decision is certain to affect procedures for issuance and review of pre-enforcement actions under the CWA and possibly other environmental statutes.