26 Mar '12, 1pm

Supreme Court Decision Likely to Change Clean Water Act Enforcement:

Supreme Court Decision Likely to Change Clean Water Act Enforcement:

In her concurring opinion, Justice Ginsburg wrote that while the Court held the owners could immediately litigate their jurisdictional challenge to the order (as to whether or not their property contained wetlands), the question of whether the owners could challenge the terms and conditions of the order is a “question [that] remains open for another day and case.” Although that may be the result in this case, it appears that the reasoning in Court’s opinion would be easily extended to allow pre-enforcement judicial review of the terms and conditions of an administrative order as final agency action as well. At a minimum this decision is likely to change how EPA attempts to enforce alleged Clean Water Act violations and gives order recipients an opportunity to litigate at least the jurisdictional validity of an order before being forced to choose between compliance with the...

Full article: http://www.environmentalleader.com/2012/03/26/supreme-cou...

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