The Supreme Court Hears Arguments On Clean Water Act Enforcement
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Scott Detrow
Getty Images
The United States Supreme Court hears oral arguments today on a case which could limit the Environmental Protection Agency’s ability to combat pollution. The Wall Street Journal explains:
Based on “any information”—even a newspaper article or an anonymous tip—the Environmental Protection Agency can issue an administrative compliance order directing a property owner to stop discharging pollutants or restore a damaged wetland. The government says such directives, similar to stop-work orders by local zoning inspectors, allow it to respond rapidly to prevent environmental damage.
But business groups contend that the EPA acts as a judge and jury, forcing property owners either to comply, often at great expense, or risk penalties of up to $37,500 a day if the agency later obtains a court ruling to enforce its directive.
Challengers say that by issuing compliance orders without first giving property owners a chance to contest them in court, the EPA skirts the federal law and the Fifth Amendment guarantee of due process.
The paper notes the case could impact a federal lawsuit, where Range Resources challenged an EPA order requiring the company to provide water to a community whose drinking supply it allegedly contaminated through natural gas drilling.
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