Sackett v. Environmental Protection Agency
132 S. Ct. 1367
| SCOTUS | 2012Background
- Sacketts own a 1/2-acre residential lot in Bonner County, Idaho, adjacent to Priest Lake, with nearby structures on neighboring lots.
- They filled part of their lot with dirt and rock while preparing to build a house.
- EPA issued a compliance order alleging wetlands and jurisdiction under the Clean Water Act and directing restoration under an EPA plan.
- The order failed to provide a hearing; the Sacketts challenged it as arbitrary and capricious and due-process denied.
- District Court dismissed for lack of jurisdiction; Ninth Circuit affirmed pre-enforcement review was precluded; the Supreme Court granted certiorari.
- The core issue is whether the compliance order is final agency action subject to APA review and whether the Clean Water Act precludes such review.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Is the EPA compliance order final agency action subject to APA review? | Sackett | EPA | Yes; the order is final agency action. |
| Does the Clean Water Act preclude APA review of the compliance order? | Sackett | EPA | No; CWA does not preclude review. |
| Are there adequate remedies other than APA review? | Sackett | EPA/government | No adequate remedy exists; review is warranted. |
Key Cases Cited
- Riverside Bayview Homes, Inc. v. United States Army Corps of Engineers, 474 U.S. 121 (1985) (defined final agency action and jurisdictional reach under the CWA and related regulations)
- Solid Waste Agency of Northern Cook County v. Army Corps of Engineers, 531 U.S. 159 (2001) (rejected broad interpretation of navigable waters wetlands reach)
- Rapanos v. United States, 547 U.S. 715 (2006) (confronted furnish of jurisdictional reach; plurality lacked a single rationale)
- Bennett v. Spear, 520 U.S. 154 (1997) (finality and consequences of agency action; supports final-action finding)
- Port of Boston Marine Terminal Assn. v. Rederiaktiebolaget Transatlantic, 400 U.S. 62 (1970) (early articulation of finality and legal consequences of agency actions)