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SACKETT v. EPA

Docket No.: 10-1062
Certiorari Granted: 06/28/11
Argued: January 9, 2012
Decided: 03/21/12

Topics:

Administrative Procedure, Clean Water, Clean Water Act, Due Process, EPA, Environmental Protection Agency, Fifth Amendment, Medicare, judicial review, probable cause, property rights

PartyNames: Chantell Sackett, et vir v. Environmental Protection Agency, et al.
Petitioner: Chantell Sackett, et vir
Respondent: Environmental Protection Agency, et al.

Court Below: United States Court of Appeals for the Ninth Circuit
Citation: 622 F.3d 1139
Supreme Court Observer Blog Post for SACKETT v. EPA

Chantell Sackett, et vir
v.
Environmental Protection Agency, et al.
Consideration Limited:

LIMITED TO THE FOLLOWING QUESTIONS: 1. MAY PETITIONERS SEEK PRE-ENFORCEMENT JUDICIAL REVIEW OF THE ADMINISTRATIVE COMPLIANCE ORDER PURSUANT TO THE ADMINISTRATIVE PROCEDURE ACT, 5 U. S. C. ยง704? 2. IF NOT, DOES PETITIONERS' INABILITY TO SEEK PRE-ENFORCEMENT JUDICIAL REVIEW OF THE ADMINISTRATIVE COMPLIANCE ORDER VIOLATE THEIR RIGHTS UNDER THE DUE PROCESS CLAUSE?

Question Presented:

Chantell and Michael Sackett own a small lot in a built-out residential subdivision that they graded to build a home. Thereafter, the Sacketts received an Administrative Compliance Order from the Environmental Protection Agency claiming that they filled a jurisdictional wetland without a federal permit in violation of the Clean Water Act. At great cost, and under threat of civil fines of tens of thousands of dollars per day, as well as possible criminal penalties, the Sacketts were ordered to remove all fill, replace any lost vegetation, and monitor the fenced-off site for three years. The Sacketts were provided no evidentiary hearing or opportunity to contest the order. And, the lower courts have refused to address the Sacketts' claim that the lot is not subject to federal jurisdiction. Do Petitioners have a right to judicial review of an Administrative Compliance Order issued without hearing or any proof of violation under Section 309(a)(3) of the Clean Water Act?

Question:

Do landowners have a right to go to court to challenge a Clean Water Act order of the Environmental Protection Agency?

SACKETT v. EPA
ORAL ARGUMENT

01/09/12

Listen to Oral Argument in SACKETT v. EPA
Holding: REVERSED AND REMANDED
Vote: 9-0
Majority: Unanimous
Concurring: Ginsburg,Alito
Opinion By:
For more coverage on SACKETT v. EPA please see our blog posting.

SACKETT v. EPA
Case Documents

1Opinion in SACKETT v. EPA
2SACKETT v. EPA Oral Argument Audio (January 9, 2012)
3SACKETT v. EPA Oral Argument Transcript (HTML)
4SACKETT v. EPA Oral Argument Transcript (PDF)
5SACKETT v. EPA Oral Argument Audio
6cases/2010/10-1062/EcologyLQ_Ninth_Circuit_EPA_Compliance.pdf
7PETITIONERS' BRIEF ON THE MERITS
8BRIEF OF GENERAL ELECTRIC CO. AS AMICUS CURIAE
9BRIEF OF AMICUS CURIAE INSTITUTE FOR JUSTICE IN SUPPORT OF PETITIONERS
10BRIEF OF MOUNTAIN STATES LEGAL FOUNDATION IN SUPPORT OF PETITIONERS
11BRIEF OF THE AMERICAN CIVIL RIGHTS UNION IN SUPPORT OF PETITIONERS
12BRIEF OF THE STATES OF ALASKA, WYOMING, HAWAII, SOUTH CAROLINA, VIRGINIA, NORTH DAKOTA, NEBRASKA, ARIZONA, COLORADO, AND MICHIGAN AS AMICI CURIAE IN SUPPORT OF PETITIONERS
13BRIEF OF AMICUS CURIAE THE COMPETITIVE ENTERPRISE INSTITUTE IN SUPPORT OF PETITIONERS
14BRIEF AMICUS CURIAE OF NATIONAL ASSOCIATION OF MANUFACTURERS IN SUPPORT OF PETITIONERS
15BRIEF OF THE CHAMBER OF COMMERCE OF THE UNITED STATES OF AMERICA AS AMICUS CURIAE IN SUPPORT OF PETITIONERS
16BRIEF OF THE AMERICAN FARM BUREAU FEDERATION, NATIONAL COUNCIL OF FARMER COOPERATIVES, NATIONAL CATTLEMEN'S BEEF ASSOCIATION, AND PUBLIC LANDS COUNCIL AS AMICI CURIAE SUPPORTING PETITIONERS
17BRIEF AMICUS CURIAE OF CENTER FOR CONSTITUTIONAL JURISPRUDENCE AND NATIONAL FEDERATION OF INDEPENDENT BUSINESS SMALL BUSINESS LEGAL CENTER IN SUPPORT OF PETITIONERS
18BRIEF OF AMERICAN PETROLEUM INSTITUTE, AMERICAN ROAD & TRANSPORTATION BUILDERS ASSOCIATION, BUILDING OWNERS AND MANAGERS ASSOCIATION INTERNATIONAL, CROPLIFE AMERICA, THE FERTILIZER INSTITUTE, FOUNDATION FOR ENVIRONMENTAL AND ECONOMIC PROGRESS, INTERNATIONAL COUNCIL OF SHOPPING CENTERS, NATIONAL ASSOCIATION OF REAL ESTATE INVESTMENT TRUSTS, NATIONAL ASSOCIATION OF REALTORS, NATIONAL MINING ASSOCIATION, NATIONAL MULTI HOUSING COUNCIL, AND UTILITY WATER ACT GROUP AS AMICI CURIAE IN SUPPORT OF PETITIONERS
19BRIEF OF AMICI CURIAE NATIONAL ASSOCIATION OF HOME BUILDERS, THE REAL ESTATE ROUNDTABLE AND NATIONAL APARTMENT ASSOCIATION IN SUPPORT OF THE PETITION
20BRIEF OF AMICI CURIAE WET WEATHER PARTNERSHIP, SOUTH CAROLINA WATER QUALITY ASSOCIATION, NORTH CAROLINA WATER QUALITY ASSOCIATION, WEST VIRGINIA MUNICIPAL WATER QUALITY ASSOCIATION, VIRGINIA ASSOCIATION OF MUNICIPAL WASTEWATER AGENCIES, NATIONAL ASSOCIATION OF CLEAN WATER AGENCIES, AND CITY OF NEW YORK IN SUPPORT OF PETITIONERS
21BRIEF FOR RESPONDENTS