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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.
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