A lingering question from the Supreme Court's Sackett v. EPA ruling last year was the effect it would have on EPA's use of administrative compliance orders (ACOs). The key issue in Sackett was whether ACOs were sufficiently "final agency action," within the meaning of the Administrative Procedure Action, to be eligible for judicial review. The Court held 8-0 that the ACO in Sackett "is final agency action for which there is no adequate remedyother than APA review, and that the Clean Water Act does not preclude that review."
Some had argued that the specter of judicial review would have a chilling effect on EPA's use of ACOs, while others argued EPA would proceed primarily with business as usual.