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- Title
PRACTICAL IMPACTS OF THE SACKETTDECISION.
- Authors
FERLO, ALBERT; LINDLEY, TOM
- Abstract
This Essay discusses the practical impacts of the Sackett decision ' for a party deciding whether to challenge an agency action under the Administrative Procedure Act. Although Sackett's impact on the finality requirement for such a challenge is clear, it will have little effect on how courts look at the ripeness and exhaustion requirements for such challenges. Sackett therefore provides clients with a new but limited decision pivot point-whether to incur the delays, costs, and risks involved in filing an early challenge to an agency decision, or to proceed in light of an agency order that, while onerous or even without clear merit, nevertheless promises a quick and relatively inexpensive path to the completion of a project. Further, the agency decision may now include both: 1) the presence of a more complete record, and 2) more listening by and input from seasoned staff that can result in real rather than dictated agreements.
- Subjects
UNITED States; SACKETT v. U.S. Environmental Protection Agency (EPA) (Supreme Court case); ADMINISTRATIVE procedure; RIPENESS (Law); EXHAUSTION of administrative remedies; UNITED States. Environmental Protection Agency; GOVERNMENT agencies; ACTIONS &; defenses (Law); GOVERNMENT agency rules &; practices
- Publication
Environmental Law (Lewis & Clark Law School), 2012, Vol 42, Issue 4, p1009
- ISSN
2831-9028
- Publication type
Essay