Judicial Review of Federal Compliance Orders After Sackett v. EPA
Challenging EPA Administrative Proceedings Prior to Enforcement
March 21 Supreme Court decision permits new forms of review
Recording of a 90-minute CLE webinar with Q&A
This CLE course will provide a review of the Supreme Court's holding in Sackett v. EPA. The panel will explore the pre-enforcement judicial reviews of EPA's compliance orders under the Clean Water Act and discuss other regulations potentially subject to these new judicial reviews.
- Overview of Supreme Court decision in Sacket v. EPA
- Regulations impacted and potentially impacted by decision
- Using pre-enforcement judicial reviews
The panel will review these and other key questions:
- How is a "final agency action" defined under the federal Administrative Procedure Act?
- What administrative orders based on other environmental statutes may be subject to judicial review following the decision in Sackett?
- What questions remain unanswered regarding using judicial review to challenge a compliance order?
Following the speaker presentations, you'll have an opportunity to get answers to your specific questions during the interactive Q&A.
E. Gail Suchman
Stroock & Stroock & Lavan
She has over 25 years of experience in all facets of environmental and energy law and policy. Her practice includes... | Read More
She has over 25 years of experience in all facets of environmental and energy law and policy. Her practice includes permitting and compliance, transactional due diligence, litigation, and legislative matters. She works closely with real estate and industrial developers on traditional environmental and land use matters, as well as community outreach and green design.Close
Steptoe & Johnson
He has over 30 years of experience in the areas of toxic tort and product liability litigation, and environmental law... | Read More
He has over 30 years of experience in the areas of toxic tort and product liability litigation, and environmental law and litigation. His environmental practice focuses on litigation, but it also includes appellate work, counseling, and legislative issues. Prior to joining the firm, he was a trial attorney with the Environment and Natural Resources Division of the US Department of Justice.Close
Nancy M. Wilms
She is an environmental litigation partner with over 25 years of experience in complex litigation matters. She counsels... | Read More
She is an environmental litigation partner with over 25 years of experience in complex litigation matters. She counsels and defends clients against citizen’s suits brought under the Resource Conservation and Recovery Act (RCRA) and the Clean Water Act (CWA). She handles groundwater contamination cases brought by municipalities and water districts seeking damages and injunctive relief.Close