Sackett v. EPA
Supreme Court
132 S.Ct. 1367 (2012)
The EPA (defendant) issued a Compliance Order against Michael and Chantell Sackett (plaintiffs), asserting they had placed fill on their vacant lot near a lake without a permit in violation of the Clean Water Act, directing them to restore the site per an EPA-created plan and exposing them to penalties up to $75,000 per day for noncompliance. The Sacketts sued under the Administrative Procedure Act (APA) to block enforcement of the order without first going through an EPA-initiated enforcement proceeding; the district court dismissed their suit, and the court of appeals affirmed, before the Supreme Court granted certiorari.
Whether a private citizen may file a civil action in federal court under the Administrative Procedure Act seeking judicial review of an EPA compliance action issued pursuant to the Clean Water Act.