Faculty Scholarship

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

Joel A. Mintz

Document Type

Article

Publication Date

1-1-2012

Abstract

Joel Mintz, Sackett v. EPA and Judicial Interpretations of Environmental Statutes: What Role for NEPA?, 42 Environmental Law 1027 (2012). 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.

Publication Title

Environmental Law

Publication Title (Abbreviation)

EnvtlL

First Page

1027

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