Sackett v. Environmental Protection Agency
| Docket No. | Op. Below | Argument | Opinion | Vote | Author | Term |
|---|---|---|---|---|---|---|
| 10-1062 | 9th Cir. |
Jan 9, 2012 Tr.Aud. |
TBD | TBD | TBD | OT 2011 |
Issue: (1) Whether petitioners may seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U.S.C. § 704; and (2) whether, if not, petitioner's inability to seek pre-enforcement judicial review of the administrative compliance order violates their rights under the Due Process Clause?
Plain English Issue: When the Environmental Protection Agency believes that a landowner is engaged in a violation of environmental laws, it may issue an administrative compliance order requiring the landowner to take certain actions and seek judicial enforcement of the order if the landowner does not comply. May the landowner challenge the administrative compliance order in court before the EPA seeks judicial enforcement?
SCOTUSblog Coverage
Briefs and Documents
Merits Briefs for the Petitioners Amicus Briefs in Support of the Petitioners- Brief for the American Civil Rights Union
- Brief for Alaska et al.
- Brief for the American Farm Bureau Federation et al.
- Brief for the Center for Constitutional Jurisprudence and the National Federation of Independent Business Small Business Legal Center
- Brief for the Chamber of Commerce of the United States of America
- Brief for the Competitive Enterprise Institute
- Brief for General Electric Co.
- Brief for the Institute for Justice
- Brief for the Mountain States Legal Foundation
- Brief for the National Association of Home Builders et al.
- Brief for the National Institute of Manufacturers
- Brief for the Wet Wet Weather Partnership et al.
- Brief for the American Petroleum Institute et al.
Certiorari-stage documents
- Opinion below (9th Circuit)
- Petition for certiorari
- Brief in opposition
