Sackett opening brief filed

Author:  Damien M. Schiff

Today PLF filed its opening brief in Sackett v. EPA, our Supreme Court case addressing the question of whether landowners have a right to challenge EPA's assertions of wetlands jurisdiction over their property.  Our brief addresses two related issues.  Did Congress intend to preclude landowners like the Sacketts from suing EPA in court immediately after receiving an EPA compliance order issued under the Clean Water Act?  If so, does that preclusion violate the Due Process Clause?  Now we wait for the government's response, which is due just before Thanksgiving.