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SACKETT v. U.S. E.P.A.

No. 08-35854.

622 F.3d 1139 (2010)

Chantell SACKETT; Michael Sackett, Plaintiffs-Appellants, v. UNITED STATES ENVIRONMENTAL PROTECTION AGENCY; Steven L. Johnson, Administrator, Defendants-Appellees.

United States Court of Appeals, Ninth Circuit.

Submission Withdrawn December 23, 2009.

Filed September 17, 2010.

Resubmitted August 18, 2010.

Attorney(s) appearing for the Case

Leslie R. Weatherhead , Witherspoon Kelley Davenport & Toole, Spokane, WA; M. Reed Hopper , Damien M. Schiff (argued), Pacific Legal Foundation, Sacramento, CA, for the plaintiffs-appellants.

Ankur K. Tohan , United States Environmental Protection Agency, Seattle, WA; Ronald J. Tenpas , Assistant Attorney General, Cynthia J. Morris , Aaron P. Avila , Jennifer Scheller Neumann (argued), United States Department of Justice Environment and Natural Resources Division, Washington, DC, for the defendants-appellees.

Before: ROBERT R. BEEZER, RONALD M. GOULD and RICHARD C. TALLMAN, Circuit Judges.

OPINION

GOULD, Circuit Judge:

We determine whether federal courts have subject-matter jurisdiction to conduct review of administrative compliance orders issued by the Environmental Protection Agency pursuant to the Clean Water Act, 33 U.S.C. § 1319(a)(3), before the EPA has filed a lawsuit in federal court to enforce the compliance order. We join our sister circuits and hold that the Clean Water Act precludes pre-enforcement judicial review of administrative...

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