Sackett v. Environmental Protection Agency
Encyclopedia
Sackett v. United States Environmental Protection Agency is a case that will be heard by the U.S. Supreme Court, probably in January 2012. The plaintiffs are Mike and Chantell Sackett, who wish to build a house on land which they own at at Priest Lake, Idaho. The defendant is the U.S. Environmental Protection Agency, which claims that building the house would violate the Clean Water Act
.
, and that the Sacketts had illegally placed fill material into jurisdictional wetlands on their property. After trying unsuccessfully to obtain a hearing from the EPA, the Sacketts filed suit demanding an opportunity to contest the jurisdictional basis of the Compliance Order. Both the District Court and the Ninth Circuit Court of Appeals ruled in favor of the government, holding that the validity of the Compliance Order could be challenged only if and when EPA brings an enforcement action seeking to impose civil and criminal penalties against the Sacketts. The Supreme Court granted certiorari, limited to the following questions: "1. May petitioners seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U. S. C. §704? 2. If not, does petitioners' inability to seek preenforcement judicial review of the administrative compliance order violate their rights under the Due Process clause?"
, filed their opening brief on September 23, 2011. Amicus briefs in support of the petitioners have been filed by the Center for Constitutional Jurisprudence, the American Farm Bureau Federation
, and the National Association of Homebuilders. The opposition brief of the Solicitor General of the United States is due by November 23, 2011. The case will be argued on January 9, 2012.
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
.
Facts
The Sacketts purchased an approximately half-acre parcel of land near Priest Lake, Idaho, on which they planned to build a house. Shortly after they began clearing the lot, the Sacketts received a Compliance Order from the U.S. Environmental Protection Agency, asserting that the property was subject to the Clean Water ActClean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
, and that the Sacketts had illegally placed fill material into jurisdictional wetlands on their property. After trying unsuccessfully to obtain a hearing from the EPA, the Sacketts filed suit demanding an opportunity to contest the jurisdictional basis of the Compliance Order. Both the District Court and the Ninth Circuit Court of Appeals ruled in favor of the government, holding that the validity of the Compliance Order could be challenged only if and when EPA brings an enforcement action seeking to impose civil and criminal penalties against the Sacketts. The Supreme Court granted certiorari, limited to the following questions: "1. May petitioners seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U. S. C. §704? 2. If not, does petitioners' inability to seek preenforcement judicial review of the administrative compliance order violate their rights under the Due Process clause?"
Briefing and Argument
The Sacketts, represented by Damien M. Schiff of the Pacific Legal FoundationPacific Legal Foundation
Pacific Legal Foundation is the first and oldest conservative/libertarian public interest law firm in the United States. PLF was established for the purpose of defending and promoting individual and economic freedom in the courts...
, filed their opening brief on September 23, 2011. Amicus briefs in support of the petitioners have been filed by the Center for Constitutional Jurisprudence, the American Farm Bureau Federation
American Farm Bureau Federation
The American Farm Bureau Federation , commonly referred to as the Farm Bureau, is a nonprofit organization and the largest general farm organization in the United States...
, and the National Association of Homebuilders. The opposition brief of the Solicitor General of the United States is due by November 23, 2011. The case will be argued on January 9, 2012.