Ninth Circuit: EPA Compliance Orders Are Not Subject to Pre-Enforcement Judicial Review

Wheeler, Sam
May 2011
Ecology Law Quarterly;2011, Vol. 38 Issue 2, p611
Academic Journal
The article discusses a court case, Sackett v. U.S. Environmental Protection Agency (EPA), wherein the Ninth Circuit denied pre-enforcement judicial review of EPA's compliance order thus triggered Sackett to file a petition for certiorari to the Supreme Court. The court has rejected the arguments of Sacketts that the potential for failure to comply with the order would be necessary to prevent them from reaching a courtroom if pre-enforcement review was not granted.


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