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A Catch 22: The Price To Pay For Property Rights Under The Clean Water Act And Administrative Compliance Orders, Lindsey F. Brewer

Lindsey F. Brewer

Environmental conservationist groups often argue that private-property owners are alert to wetland designations -- especially in their own backyard -- and as a result no procedural due process is necessary for the EPA to issue an administrative compliance order (ACO). But as a practical matter it is very difficult to make a wetland determination, and individual private-property owners are building residential homes on potential wetlands without knowledge. The result is forced and costly compliance with the EPA. The environmental concerns are valid, but property and liberty interests are protected by the Constitution. How can the Court strike a balance between …