Environment & Energy Report

EPA Nixes Order that Led to Landmark Supreme Court Wetlands Case

March 30, 2020, 4:58 PM

The EPA has withdrawn a Clean Water Act compliance order that spawned more than a decade of litigation, including a trip to the Supreme Court.

The agency pulled back its 2008 order against Chantell and Michael Sackett for starting homebuilding work on their Idaho property without obtaining a permit for damaging wetlands.

Under the Environmental Protection Agency’s administrative compliance order (ACO), the Sacketts could be subject to daily fines if they didn’t restore the site. The agency withdrew the order in a March 13 letter made public Monday.

“Given the passage of time and the fact that the EPA’s enforcement...

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