Sackett v. EPA

By Turner Smith and Margaret Holden

The Supreme Court has historically maintained a complicated, tumultuous relationship with Clean Water Act cases. However, on March 21, 2012, the Court aligned in rare form to issue a unanimous, clear opinion in Sackett v. EPA. The decision establishes Administrative Procedure Act judicial review for Administrative Compliance Orders under the Clean Water Act. This Comment argues that while the decision changes the face of Clean Water Act enforcement law, it does so without affecting other administrative or environmental laws and with virtually no practical effect on Clean Water Act enforcement programs.

Cite as: Turner Smith and Margaret Holden, Comment, Sackett v. EPA, 37 Harv. Envtl. L. Rev. 301 (2013).

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