Sackett v. Envtl. Prot. Agency, 10–1062.
Decision Date | 28 June 2011 |
Docket Number | No. 10–1062.,10–1062. |
Parties | Chantell SACKETT, et vir, petitioners, v. ENVIRONMENTAL PROTECTION AGENCY, et al. |
Court | U.S. Supreme Court |
564 U.S. 1052
131 S.Ct. 3092 (Mem)
180 L.Ed.2d 911
Chantell SACKETT, et vir, petitioners,
v.
ENVIRONMENTAL PROTECTION AGENCY, et al.
No. 10–1062.
Supreme Court of the United States
June 28, 2011.
On petition for writ of certiorari to the United States Court of Appeals for the Ninth Circuit. Petition for writ of certiorari granted limited to the following questions: 1. May petitioners seek pre-enforcement judicial review of the administrative compliance order pursuant to the Administrative Procedure Act, 5 U.S.C. § 704 ? 2. If not, does petitioners' inability to seek pre-enforcement judicial review of the administrative compliance order violate their rights under the Due Process Clause?
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...4. This due process issue was presented in the second of the two certiorari questions granted in Sackett. See Sackett v. E.P.A., 131 S. Ct. 3092, 180 L. Ed. 2d 911 (2011)(granting certiorari as to two questions: "1. May petitioners seek pre-enforcement judicial review of the administrative ......
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Sackett v. EPA: Does It Signal the End of Coercive CERCLA Enforcement?
...that the Court did not reach the issue of whether the compliance order was correct, merely that the Sacketts 129. Sackett v. E.P.A., 131 S. Ct. 3092 (2011). 130. See id. 131. Sackett v. E.P.A., 132 S. Ct. 1367, 1374 (2012). 132. See id. at 1371–72. Scalia noted that the Agency had shut down......