GreenLaw

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 [...]

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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 [...]

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