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Judicial Review


May 11, 2012 | Posted by Folb, Kerri B. | Permalink
On March 21, 2012, the United States Supreme Court issued a very significant decision affecting the administration of the Clean Water Act (“CWA”) by the Environmental Protection Agency (“EPA”). The Court held that an administrative compliance order issued by the EPA under the CWA is a final agency action that is subject to judicial review. This decision establishes a new precedent in that property owners may now immediately challenge a CWA order in the courts rather than choosing to either comply with the order or wait for EPA to bring an enforcement action while accruing penalties in the meantime. However, the reach of the decision beyond the CWA may be limited. read more