EPA Faces Broad Constitutional Suits Over Key Laws' Enforcement Systems

摘要

EPA is facing broad legal challenges over the constitutionality of compliance orders — enforcement injunctions that set deadlines for pollution cleanup — issued under federal clean water, drinking water and Superfund laws, with at least three pending suits focusing on the issue of whether an inability to seek judicial review of the orders violates due process rights. Environmental laws generally give EPA the ability to expeditiously issue compliance orders in response to a spill or release without being mired in administrative and legal challenges, with sources saying the agency also uses them in routine matters. The orders require compliance with the laws, and violations of the orders can lead to major penalties. But an offender's only option to appeal a compliance order is to challenge an accompanying EPA enforcement action.