Sackett v. United States Environmental Protection Agency, 622 F.3d 1139 (9th Cir. 2010)

(CWA precludes pre-enforcement judicial review of administrative compliance orders, and such preclusion does not violate due process; plaintiff had filled-in approximately one-half acre of property with dirt and rock in preparation to build a house, but EPA issued a compliance order alleging that parcel was wetland subject to CWA permit requirements; plaintiff sought hearing with EPA to challenge finding, but hearing not granted and defendant continued to assert jurisdiction; plaintiff then sued in federal district court seeking injunctive and declaratory relief, but trial court granted defendant's motion to dismiss for lack of subject matter jurisdiction because CWA precludes judicial review of compliance orders before EPA starts enforcement action; case affirmed).