GOP senators question ‘same old, same old’ policies at EPA after court ruling

{mosads}The court ruled unanimously that Clean Water Act compliance orders are subject to judicial review before enforcement. In Sackett v. EPA, a couple was denied the right to a hearing by EPA to petition a ruling that they had violated the Clean Water Act. The court ruled that the Sacketts did have the right to the hearing and that EPA’s compliance orders may be challenged in a civil action brought under the Administrative Procedure Act.

The Congressional Research Service recently found that EPA issues more than 1,000 administrative compliance orders annually. The senators’ letter said they don’t believe the Sacketts’ case was an isolated incident.

“The court’s decision points toward a broader concern: EPA should not use its enforcement authority to intimidate citizens into compliance,” the letter stated. “It seems that EPA plans to continue business as usual and sees no need to change their use of compliance orders in response to the Court’s holding. In order to help us understand the steps the EPA is taking following the Sackett decision, we request you clarify the comments made … and explain how the agency’s enforcement office plans to proceed.”

Sens. Mitch McConnell (R-Ky.), Jim Risch (R-Idaho), Mike Crapo (R-Idaho), Lisa Murkowski (R-Alaska), Jeff Sessions (R-Ala.), David Vitter (R-La.), John Barrasso (R-Wy.), Lamar Alexander (R-Tenn.), Mike Johanns (R-Neb.), John Boozman (R-Ark.), Marco Rubio (R-Fla.), Dean Heller (R-Nev.), Rand Paul (R-Ky.), John Hoeven (R-N.D.) and Mike Lee (R-Utah) also signed the letter.