EPA Explains Post-Sackett Approach To Enforcement

The US Supreme Court ruled unanimously in Sackett v EPA,  132 S. Ct. 1367, that compliance orders issued under Section 309(a) of the Clean Water Act are final orders that are subject to judicial challenge under the Administrative Procedure Act.  Senator Inhofe  inquired about statements made by an EPA employee to the effect that nothing had changed after the Supreme Court's decision, and Giles responded to him, saying that was not the case, and the employee was quoted out of context. Giles  attached a memo from Pamela J. Mazakas, Director of the Office of Civil Enforcement, that explained how EPA would proceed post-Sackett.  EPA staff  is encouraged to "continue the practice of inviting parties to meet ande discuss how CWA violatons . . .can be resolved as quickly as possible." Consensual administrative compliance orders" are also suggested options.