Sackett v. EPA: When May a Landowner Take the EPA to Court? 2-23-12




Federalist Society Practice Groups Podcasts show

Summary: On January 9, 2012, the Supreme Court heard oral argument in Sackett v. EPA. The case involves two landowners who graded a lot in a residential subdivision to build a home and were issued an administrative compliance order by the EPA stating that the graded lot was a wetland requiring them to either restore the lot to its original condition or risk civil fines for each day of non-compliance. Do the petitioners have a right to seek judicial review of an EPA compliance order prior to the EPA's official enforcement of that order in court and does the compliance order deprive the landowners of due process of law? On this previously recorded conference call, Mr. Damien Schiff of the Pacific Legal Foundation discusses these and other issues and answers questions from the callers.