Sackett v. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?

Abstract

This Essay analyzes both the nature and practical importance of EPA administrative compliance orders and the (potential) precedential scope and significance of the U.S. Supreme Court’s decision in Sackett v. EPA. Additionally, it critiques the Sackett opinion for its failure to take account of section 102(1) of the National Environmental Policy Act (NEPA) — an unambiguous directive that all public laws, policies, and regulations be interpreted “to the fullest extent possible” in accordance with NEPA’s environmentally protective policies.

Keywords: EPA administrative compliance orders, Sackett v. EPA, section 102(1), National Environmental Policy Act, NEPA, environmentally protective policies

JEL Classification: K1, K10, K23, K32