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Sackett v. Environmental Protection Agency Documents 9-28-11

National Association of Manufacturers AC Brief

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Case Attorneys

Anthony L. Francois

Senior Attorney

Tony Francois is an attorney in PLF’s Sacramento office, and has litigated cases around the country defending Americans’ property rights from land use and environmental restrictions. He is a member … ›

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Damien M. Schiff

Senior Attorney

Currently a Senior Attorney at Pacific Legal Foundation, Damien joined PLF in 2005.  His practice has focused on federal and state environmental and land-use issues.  Damien was counsel of record … ›

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Case Commentary

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PLF's Sackett and Hawkes victories come to Michigan

Marquette County, perched on the edge of Lake Superior, is one of the most populated counties in Michigan’s upper peninsula In order to decrease traffic and to increase safety through the small towns in this area, the Marquette County Road Commission planned to build a road, County Road 595, through some undeveloped land The County hoped to create a short-cut for heavy-duty trucks, most of which are used to transport ore from the local mine to its processing facility Despite winning approval from the Michigan Department of Environmental Quality (“MDEQ”), the US Environmental Protection Agency (“EPA”) said “no way” to the plans The

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By M. Reed Hopper

How Sackett saved Andy Johnson

Pacific Legal Foundation has a long history in the US Supreme Court  It has won seven cases in a row, with two more pending  Most of these cases relate to protecting private property rights from overreaching government  Abuses under the Clean Water Act were the focus of our 2006 Rapanos case and our 2012 Sackett case  In Sackett, the High Court unanimously held a landowner could go to court to challenge an EPA compliance order (more…)

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By Damien M. Schiff

A response to a Sackett critique

In Sackett’s Limit,  Nathaniel Johnson argues that the United States Supreme Court’s decision in Sackett v EPA, which holds that EPA compliance orders issued under the Clean Water Act are subject to judicial review under the Administrative Procedure Act, bodes ill for the Nation’s waters in particular and vigorous environmental protection generally  Mr Johnson explains that allowing blanket judicial review will hamstring EPA’s enforcement Consequently, Mr Johnson urges the lower federal courts to limit Sackett to jurisdictional challenges to compliance orders  There are several problems with Mr Johnson’s premise, as well as his prescription

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