In Sackett v EPA, the United States Supreme Court ruled that landowners can sue to challenge a federal government compliance order under the clean water law without first having to fail to comply with an Environmental Protection Agency (“EPA”) order. This allows citizens and businesses to bring a civil action under the Administrative Procedure Act to challenge EPA regulations without having to first be sued by the EPA. However, citizens can not bring suit unless an EPA regulation is “in final form.”

http://www.scotusblog.com/case-files/cases/sackett-et-vir-v-environmental-protection-agency-et-al/

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