General Electric Company v. Jackson

Whether the EPA's Unilateral Administrative Orders (UAOs), which require companies to conduct environmental remediation but which provide no opportunity to dispute the orders, violate due process.

NCLC urged the Supreme Court to review the DC Circuit's ruling that the EPA's Unilateral Administrative Orders (UAOs) do not violate due process. The DC Circuit reasoned that the UAO regime satisfies due process as recipients may obtain a pre-deprivation hearing by refusing to comply and forcing EPA to sue in federal court. In addition, the court ruled that a drop in stock prices resulting from the issuance of an UAO is a market reaction and therefore not suitable for due process protection. The DC Circuit's decision forces businesses to endure costly litigation to obtain a hearing before a neutral decision maker.

The Supreme Court denied certiorari.

Amicus brief supporting cert. filed 2/4/11. Cert. denied 6/6/11.