U.S. Supreme Court Agrees to Hear Dispute Over Review of Wetlands Compliance Order

摘要

The U.S. Supreme Court agreed June 28 to review a lawsuit brought by Idaho property owners who argue they were entitled to judicial review of an Environmental Protection Agency wetlands compliance order before EPA had begun an enforcement action in federal court (Sackett v. EPA, U.S., No. 10-1062, 6/28/11). The order granting the petition for writ of certiorari narrowly limited the issues on review to the following questions: "May petitioners seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U.S.C. § 704?" and "If not, does petitioners' inability to seek pre-enforcement judicial review of the administrative compliance order violate their rights under the Due Process Clause?"