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  • The EPA Had a Bad Day at the Supreme Court

    01/10/2012 7:50:42 PM PST · by WilliamIII · 31 replies · 1+ views
    Reason ^ | Jan 10 2012 | Damon Root
    Yesterday the Supreme Court heard oral arguments in the case of Sackett v. Environmental Protection Agency. At issue is whether the EPA’s use of “administrative compliance orders,” which are essentially government commands issued to property owners, should be subject to judicial review under the Fifth Amendment's Due Process Clause. In other words, when the EPA tells a homeowner to stop building because of a possible violation of the Clean Water Act, does that homeowner have the right to promptly challenge the EPA in court? As Robert Barnes observes in The Washington Post, “Justices across the ideological spectrum appeared troubled by...