• Due Process Concerns Highlighted in EPA Litigation
  • July 20, 2011 | Author: Carl B. Everett
  • Law Firm: Saul Ewing LLP - Philadelphia Office
  • On June 28, 2011, the U. S. Supreme Court granted a petition for a writ of certiorari to address whether pre-enforcement judicial review of an administrative compliance order issued under the Clean Water Act is available under the Administrative Procedure Act and, if not, whether inability to seek pre-enforcement judicial review violates the Due Process Clause. Sackett v. Environmental Protection Agency, Docket No. 10-1062. The 9th Circuit held that the Clean Water Act precludes judicial review prior to EPA filing a lawsuit to enforce the order. Due process is provided because EPA must first prove, in district court, that the Clean Water Act was violated in the manner alleged in the compliance order.