Sackett v. EPA - Post-Decision SCOTUScast

SCOTUScast 03-27-12 featuring Elizabeth Papez

March 27, 2012

Elizabeth P. Papez

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  Sackett v. EPA - Post-Decision SCOTUScast - MP3
Running Time: 00:17:15

Elizabeth P. PapezOn March 21, 2012, the Supreme Court announced its decision in Sackett v. EPA.  This case involves two landowners who graded a lot in a residential subdivision so that they could build a home there.  The Environmental Protection Agency then issued to the landowners an administrative compliance order stating that the graded lot was a wetland, and directing the landowners either to remove the fill and restore the lot to its original condition, or risk civil fines in the amount of thousands of dollars for each day of non-compliance.  The question before the Court was whether the landowners may seek judicial review of the EPA’s compliance order before it is actually enforced against them and, if the answer to that question is “no,” whether the compliance order deprives the landowners of due process of law.

In an opinion delivered by Justice Scalia, the Court held unanimously that the landowners may file suit in court to challenge the EPA’s administrative compliance order before it is enforced against them.  Justices Ginsburg and Alito each filed concurring opinions.

To discuss the case, we have Elizabeth Papez, who is a Partner at Winston & Strawn, LLP.

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Related Links

Opinion - March 21, 2012 (PDF)
Oral Argument Transcript - January 9, 2012 (PDF)
Sackett v. EPA - Post-Argument SCOTUScast