EPA Revises CWA Orders To Comply With High Court's Sackett Ruling

EPA is taking of steps to implement the high court's Sackett ruling that subjects Clean Water Act (CWA) orders to pre-enforcement judicial review, including instructing staff to add language to such orders specifying that recipients can challenge the allegations in court before the agency seeks to enforce them or impose penalties. The agency is also urging staff to weigh use of notices of violation (NOVs) and warning letters in the early stages of enforcement proceedings, both of which may escape...