Sackett v. Environmental Protection Agency — Alito, J., Concurring

Summary

Justice Alito concurred in the judgment, agreeing that property owners may challenge EPA jurisdictional determinations under the Administrative Procedure Act. He argued this provides only modest relief given the unclear reach of the Clean Water Act and severe penalties, urging Congress to clarify the Act. Justice Ginsburg concurred, noting the opinion does not resolve whether terms of compliance orders can be challenged at this stage.