• Fifth Circuit to Weigh in on Pre-Enforcement Review of Violation Notices
  • March 12, 2014 | Author: Christopher G. Foster
  • Law Firm: Morris Polich & Purdy LLP - Los Angeles Office
  • In Sackett v. Environmental Protection Agency, 132 S. Ct. 1367 (2012), the U. S. Supreme Court ruled that an administrative compliance order issued by the EPA under the Clean Water Act (“CWA”) could be challenged as final agency action by a civil action pursuant to the Administrative Procedure Act (“APA”). In a case pending before the Fifth Circuit Court of Appeals, a power generator is attempting to extend the holding in Sackett to allow pre-enforcement review of a notice of violation under the Clean Air Act (“CAA”).