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Fight Against EPA Orders Heads to Supreme Court

Categories: U.S. Legislatitive Issues, Top Stories | Author: Mike Williams | Posted: 1/9/2012 | Views: 223
In a case watched closely by energy companies and manufacturers, the Supreme Court is set to consider whether to blunt one of the government's chief tools for enforcing the Clean Water Act.  

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.

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Source: Wall Street Journal

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