My March column in the Pennsylvania Law Weekly was delayed untl April 10. 35 Pa. L. Weekly 336. It discusses the Supreme Court’s decision in Sackett v. Environmental Protection Agency, No. 10-1062 (U.S. Mar. 21, 2012). Sackett holds that respondents on enforcement orders under the Clean Water Act may obtain immediate, pre-enforcement judicial review of the order, or at least of the jurisdiction of EPA to issue an order. The United States had argued that Congress intended Clean Water Act orders to be like orders under the Comprehensive Environmental Response, Compensation and Liability Act that are insulated from pre-enforcement review by section 113(h) of CERCLA.
To read a copy of the column click here.