In the fall of 2011, the Small Business Legal Center filed an amicus brief in support of Mike and Chantell Sackett, an Idaho couple fighting the EPA for the right to be heard in court. For years EPA held the disconcerting position that it could send “cease and desist” orders to any landowner whom it suspected of a Clean Water Act violation, and that landowners had no option to contest the order; their only choice was to comply or face the possibility of ruinous fines. In the Supreme Court, we argued that EPA was violating both statutory law and fundamental constitutional principles in denying the Sacketts their day in court. In ruling that the Sacketts can now challenge EPA in court, the justices have assured landowners that their constitutional right to seek judicial review of government orders is inalienable.
For more information, commentary and insight view our March 21, 2012 press release.
Status: Victory - U.S. Supreme Court!