The Sackett decision is out. Not surprisingly, the Supreme Court voted 9-0 to hold that EPA’s order directing the Sacketts to remove fill material from a disputed wetlands area was final, ripe, and immediately reviewable under the Administrative Procedure Act. Justice Scalia wrote the relatively short opinion, which focused entirely on the finality question under [...]
Tag Archive 'Sackett'
Posted in Uncategorized on Jan 9th, 2012
The transcript from today’s SCOTUS argument in Sackett v. EPA is out. Sackett is a landowner challenging an EPA CWA § 309 Administrative Compliance Order that directed him to cease wetlands fill activities and restore wetlands on his lot, where he was building a residence. The lower courts held (consistent with all other circuits) that [...]