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SACKETT v. E.P.A.

No. 10-1062.

132 S.Ct. 1367 (2012)

182 L.Ed.2d 367

Chantell SACKETT, et vir, Petitioners v. ENVIRONMENTAL PROTECTION AGENCY, et al.

Supreme Court of United States.

Decided March 21, 2012.

Attorney(s) appearing for the Case

Damien M. Schiff, Sacramento, CA, for Petitioners.

Malcolm L. Stewart, Washington, DC, for Respondents.

Leslie R. Weatherhead, Witherspoon Kelley, Spokane, WA, M. Reed Hopper,

Damien M. Schiff, Counsel of Record, Pacific Legal Foundation, Sacramento, CA, for Petitioners.

Scott C. Fulton, General Counsel, Carol S. Holmes, David J. Drelich, Ankur K. Tohan, Steven M. Neugeboren, Mary Ellen Levine, Richard T. Witt, Attorneys, U.S. Environmental Protection Agency, Washington, DC, Donald B. Verrilli, Jr., Solicitor General, Robert G. Dreher, Acting Assistant Attorney General, Malcolm L. Stewart, Deputy Solicitor General, Counsel of Record, Ginger D. Anders, Assistant to the Solicitor General, Lisa E. Jones, Aaron P. Avila, Jennifer Scheller Neumann, Attorneys, Department of Justice, Washington, DC, for Respondents.

Justice SCALIA delivered the opinion of the Court.

We consider whether Michael and Chantell Sackett may bring a civil action under the Administrative Procedure Act, 5 U.S.C. § 500 et seq., to challenge the issuance by the Environmental Protection Agency (EPA) of an administrative compliance order under § 309 of the Clean Water Act, 33 U.S.C. § 1319. The order asserts that the Sacketts' property is subject to the Act, and that they have violated...

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