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Environmental

Mar. 24, 2012

Will the EPA change its ways?

Landowners were not allowed to challenge EPA compliance orders - until now. By Kimberly Leue Bick of Irell & Manella LLP


By Kimberly Leue Bick


On March 21, the U.S. Supreme Court ruled unanimously that landowners can sue to void compliance orders issued by the Environmental Protection Agency (Sackett v. EPA, 2012 DJDAR 3737). The question on everyone's mind now is whether the EPA is going to change its ways. Given the unanimous decision by the Supreme Court in the Sackett case, one would hope that reasonableness now would prevail at the EPA's regional offices ...

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