Supreme Court strikes down EPA’s ban on “pre-enforcement review” under the Clean Water Act

In a unanimous opinion released last week, the U.S. Supreme Court rejected the EPA’s ban on “pre-enforcement review” under the Clean Water Act. The decision in Sackett v. EPA, authored by Justice Scalia, holds that the EPA’s administrative compliance orders are “final” for purposes of judicial review under the Administrative Procedure Act and that nothing in the Clean Water Act bars a party from filing suit to challenge the order before EPA initiates a judicial... Read more →