The The Supreme Court agree with the Sacketts claim that they shouldn't have to wait for the EPA to sue them, but rather could themselves go to court to challenge the agency's action. The Administrative Procedure Act authorizes lawsuits against a "final agency action" when there is no other remedy, Justice Antonin Scalia observed for the court. The compliance order was just such a final action, Justice Scalia wrote, allowing the Sacketts to sue. "Compliance orders will remain an effective means of securing prompt voluntary compliance in those many cases where there is no substantial basis to question their validity," Scalia said
The EPA issues nearly 3,000 administrative compliance orders a year that call on alleged violators of environmental laws to stop what they're doing and repair the harm they've allegedly caused. Under pre-Sackett law, there was no right to challenge an EPA order unless the alleged violator refused to comply with the order, resulting in enforcement by EPA.
Justice Ruth Bader Ginsburg said in a separate opinion that the only issue decided by the court Wednesday is the Sacketts' ability to contest the EPA finding that their property is subject to the Clean Water Act. The court did not decide largers issues, Ginsburg said. Ginsburg's limitation on the holding will likely be the subject of further analysis, and disputes in court. Businesses, property owners, and others will now attempt to challenge unfounded EPA compliance orders in court. The future Sackett line of cases will define how broadly the Sackett opinion will be interpreted.
Mike Sackett issued this statement:
“We are very thankful to the Supreme Court for affirming that we have rights, and that the EPA is not a law unto itself and that the EPA is not beyond the control of the courts and the Constitution,” said Mike Sackett. “The EPA used bullying and threats of terrifying fines, and has made our life hell for the past five years. It said we could not go to court and challenge their bogus claim that our small lot had ‘wetlands’ on it. As this nightmare went on, we rubbed our eyes and started to wonder if we were living in some totalitarian country. Now, the Supreme Court has come to our rescue, and reminded the EPA — and everyone — that this is still America, and Americans still have rights under the Constitution. We want to thank Pacific Legal Foundation for defending us, without charge! Without Pacific Legal Foundation, this day would have not come, and this Court ruling that vindicated the rights of all Americans against bureaucratic bullying, would not have happened.”
