Andrew Perellis and Ilana Morady Published in Law360
"Supreme Court Justices Question Validity of EPA's Principal Enforcement Tool"

Seyfarth Environment partner Andrew Perellis and associate Ilana Morady published a piece January 10 in Law360 examining the aftermath of oral arguments in Sackett v. EPA.
 
The case centers on the EPA’s contention that its administrative compliance orders (ACOs) issued under the Clean Water Act (CWA) are not subject to judicial review until and unless the EPA brings an enforcement action.
 
Andy and Ilana write that the decision, expected this spring, would impact not only the CWA enforcement authority, but also the Clean Air Act, and possibly orders issued under the Comprehensive Environmental Response, Compensation and Liability Act (CERCLA) as well.
 
"Interestingly, although the Sacketts are ordinary citizens, most of the amici on their side are business interests. In fact, three weeks before the Supreme Court granted review of the Sacketts’ case, it denied certiorari to General Electric Co., which had put forth a nearly identical legal grievance under CERCLA," the writers note, adding, "If the Sacketts prevail, the decision will hugely impact the way the EPA uses enforcement tools against corporations and other businesses. There are no amici on the EPA's side."