Court Holds Citizens Cannot Sue for Violations of Section 404 Permits under Clean Water Act

| June 18, 2012

The Fifth Circuit Court of Appeals held that the Clean Water Act does not allow citizen suits to enforce the conditions of a § 404 Permit.  See Atchafalaya Basinkeeper v. Chustz, No. 11-30471 (5th Cir. Apr. 25, 2012).

Supreme Court Holds That Pre-Enforcement Judicial Review of EPA Administrative Orders Is Allowed

| March 26, 2012

The Supreme Court of the United States has just unanimously ruled that administrative orders issued by the U.S. Environmental Protection Agency (“EPA”) under section 319 of the Clean Water Act (“CWA”) are “final agency actions” subject to judicial review under the Administrative Procedures Act (“APA”). Sackett v. United States EPA, 566 U.S. ____ (2012).