Listen & Download

On January 9, 2012, the Supreme Court heard oral argument in Sackett v. EPA.  This case involves two landowners who graded a lot in a residential subdivision so that they could build a home there.  The Environmental Protection Agency then issued to the landowners an administrative compliance order stating that the graded lot was a wetland, and directing the landowners either to remove the fill and restore the lot to its original condition, or risk civil fines in the amount of thousands of dollars for each day of non-compliance. The question before the Court is whether the landowners may seek judicial review of the EPA’s compliance order before it is actually enforced against them and, if the answer to that question is “no,” whether the compliance order deprives the landowners of due process of law.

To discuss the case, we have Elizabeth Papez, who is a Partner at Winston & Strawn, LLP. 

[Return to the SCOTUScast menu]