• Supreme Court Decision in Sackett V. EPA Allows Regulated Parties to Challenge EPA’s Authority under the Clean Water Act
  • March 22, 2012
  • Law Firm: Hunton Williams LLP - Richmond Office
  • On March 21, 2012, the U.S. Supreme Court issued a unanimous decision in Sackett v. Environmental Protection Agency, 566 U.S. -- (2012), finding that an administrative compliance order issued by the Environmental Protection Agency (EPA) under the Clean Water Act (CWA) was final agency action reviewable under the Administrative Procedure Act (APA) and that the CWA does not preclude preenforcement review of the compliance order. This decision is important for groups facing CWA jurisdictional questions with the U.S. Army Corps of Engineers (Corps) or EPA because it allows groups to challenge the agency’s assertion of jurisdiction in a compliance order issued under the CWA in federal court. The decision may also open the door for groups seeking judicial review of CWA jurisdictional determinations made outside the context of a compliance order.