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


Conducted on Tuesday, May 15, 2012

Recorded event now available

or call 1-800-926-7926
Program Materials

This CLE webinar 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.

Description

On Mar. 21, 2012, the Supreme Court published its unanimous Sackett v. EPA decision that civil actions can be used for pre-enforcement judicial review to challenge Clean Water Act (CWA) compliance orders issued prior to an enforcement action.

Prior to the Court's ruling, property owners either had to comply with a CWA compliance order or wait for the EPA to begin enforcement proceedings, risking huge fines and legal fees. Sackett provides another choice for property owners facing this type of order.

The Sackett decision may open the door to contest the lack of pre-enforcement review under other statutes beyond the CWA. Counsel for property owners must understand the scope of the new ruling as well as the potential judicial reviews of compliance orders under other regulations and statutes.

Listen as our authoritative panel of environmental counsel discusses the impact the new ruling will have on the EPA's enforcement authority, what other statutes and regulations may be affected by this ruling, and how these judicial reviews may be used by property owners before enforcement actions begin.

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Outline

  1. Overview of Supreme Court decision in Sacket v. EPA
  2. Regulations impacted and potentially impacted by decision
  3. Using pre-enforcement judicial reviews

Benefits

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.

Faculty

E. Gail Suchman
E. Gail Suchman

Special Counsel
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

Mark Fitzsimmons
Mark Fitzsimmons

Partner
Steptoe & Johnson

He has over 30 years of experience in the areas of toxic tort and product liability litigation, and environmental law...  |  Read More

Nancy M. Wilms
Nancy M. Wilms

Partner
Bingham McCutchen

She is an environmental litigation partner with over 25 years of experience in complex litigation matters. She counsels...  |  Read More

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