By Jeffrey R. Porter and Jennifer Sulla
On January 9, the United States Supreme Court heard oral arguments in Sackett v. EPA, a challenge by homeowners to EPA’s issuance of an enforcement order under the Clean Water Act (CWA). Most of the Supreme Court Justices were openly sympathetic to the plight of the homeowners and receptive to the notion that they should have the right to challenge the order in court before any EPA attempt to enforce it. The decision, expected in June, will likely have significant implications for future review of EPA enforcement orders.