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 'wetlands'
Posted in Uncategorized on Nov 10th, 2011
Energy and Environment News this week reported on a letter from the GOP congressional leadership urging EPA to scrap its proposed Waters of the United States guidance document, noticed for public comment last May. No surprises there. The proposed guidance takes the view that the scope of jurisdictional waters of the United States (and wetlands) [...]
by Daniel E. Estrin Supervising Attorney, Pace Environmental Litigation Clinic, Inc. Adjunct Professor of Law, Pace Law School The U.S. Court of Appeals for the Third Circuit last month issued two well-reasoned and important opinions regarding the enforcement and application of federal environmental statutes. First, on October 3, 2011, the court considered federal court abstention [...]