United States Ninth Circuit

In an action seeking review of an EPA compliance order alleging that a land parcel was a wetland subject to the Clean Water Act (CWA) and that the plaintiffs violated the CWA by filling in their property without first obtaining a permit, a dismissal of the action is affirmed where the CWA precluded pre-enforcement judicial review of administrative compliance orders, and such preclusion did not violate due process.

Appellate Information

• Decided 09/20/2010
• Published 09/20/2010

Judges

• Ronald M. Gould

Court

• United States Ninth Circuit

Counsel

• For Appellant:
  
• Leslie R. Weatherhead, Ankur K. Tohan