EPA and CWA Action Brought Through APA
In Sackett v. E.P.A., 132 S.Ct. 1367 (2012) the Sacketts received a compliance order from the Environmental Protection Agency alleging that their property was subject to the Clean Water Act and that they violated that act by filing in protected wetlands. The Supreme Court held that the EPA’s compliance order was a final agency action for which there was no other adequate remedy so the Sacketts are able to seek judicial review under the Administrative Procedure Act.