The appeal argues, oddly enough, that the court's compliance order violates the doctrine of separation of powers.
The E.P.A. can issue compliance orders directing violators to get a permit and remedy any damage they caused.
Compliance orders are useful because they allow the agency to press landowners to negotiate about mitigating harms.
Libbey attributed its decision in part to a compliance order issued in May by the Federal Trade Commission that the acquisition could result in a monopoly in the tableware industry.
On his Facebook page Dixon has posted the order sheet he has been sent by Sycamore Township with the compliance order marked in big zombie capitals: "REMOVE ACCESSSORY (sic) STRUCTURE FROM FRONT YARD".
THIS year, the company agreed to a compliance order with the state of Alaska that prohibits it from drilling several months of the year at Northstar, the first offshore well in the North American Arctic.
As a result of the tests, Alaska has placed BP under a compliance order that prohibits the company from drilling at Northstar when the frozen ocean around it has thawed and broken, or from about May to November.
John Relman, a lawyer for the civil rights plaintiffs, was sharply critical of the offer, saying that it was highly unusual to shorten the duration of a compliance order so early.
Individuals will be able to take infringements to industrial tribunals, an as-yet unspecified agency will seek to enforce the rate through compliance orders, and, in extreme cases, employers will face prosecution.
The agency argued that compliance orders are crucial to its ability to step in and guard such areas from illegal development, and that immediate judicial review of these administrative actions would undermine the Clean Water Act.
Almost every federal court that has considered the issue found that the law does not allow "judicial review of compliance orders until the E.P.A. brings an enforcement action," as the Ninth Circuit appeals court said in ruling against the Sacketts.
