Obama to visit Korea DMZ Sunday ahead of nuclear weapons summit

 

Jeon Heon-Kyun/Pool / EPA

South Korean soldiers stand guard at the Military Demarcation Line in the Demilitarized Zone that separates the two Koreas since the Korean War, in the border village Panmunjom in Gyeonggi-do, South Korea.

President Barack Obama, seeking to increase pressure on North Korea to abandon its atomic weapons, will visit the Demilitarized Zone on South Korea's tense border on Sunday before a nuclear security summit in Seoul.

Obama's visit to the border will be a strong show of support for South Korea, the White House said on Tuesday, sending a message to the North as Washington builds an international effort to get stalled nuclear disarmament talks back on track.


North Korea will not attend the summit, where Obama will meet with Chinese President Hu Jintao and urge him to use Beijing's long-standing influence with Pyongyang, where leadership has recently passed to Kim Jong-un.

"We certainly hope and recommend that China bring all the instruments of power to bear to influence the decision-making in North Korea," said Daniel Russel, White House National Security Council senior director for Asia.

Ben Rhodes, deputy national security adviser, said the trip has two purposes for Obama.

"The first is the focus he has put on nuclear security along with non-proliferation since the beginning of his time in office," Rhodes said. "And the second is, of course, our increased focus on the Asia Pacific as a region of great importance to the United States."

Obama will meet with U.S. troops at the DMZ during the trip, his third to South Korea in three years, White House officials said.

Secretive North Korea has twice tested a nuclear device, and the United States says its long-range ballistic missile program is progressing quickly.

While experts doubt North Korea has the ability to miniaturize an atomic bomb to place atop a warhead, last year Washington warned that the American mainland could come under threat from North Korean missiles within five years.

Last month, North Korea reached an agreement with Washington to suspend nuclear tests, long-range missile launches and uranium enrichment as part of a deal to restart food aid, but then announced it would launch a rocket carrying a satellite to mark the centenary of founder Kim Il-sung's birth next month.

The United States has said this plan could violate the nuclear moratorium deal and scuttle the resumption of food aid.

This article includes reporting by Reuters.

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Discuss this post

I remember watching the men coming home from Korea. I was just a kid and we had a black/white TV. I also remember the long lists of the names of dead rolling down the screen.

Now I wonder if I'll see the end of that war before I die.

  • 3 votes
Reply#1 - Tue Mar 20, 2012 10:26 PM EDT

The "end" of the war will come when North Korea wants it to.

  • 1 vote
#1.1 - Tue Mar 20, 2012 10:38 PM EDT

Or when their house of cards comes tumbling down.

By this point, North Korea isn't master of its own destiny anymore. It's played too many games, strayed too far down the path of a pariah state. The government is thoroughly disconnected from its own people and the premise of its existence is a lie. There's no telling what could happen, but I doubt the NK government has nearly as much control over it as we think they do.

    #1.2 - Wed Mar 21, 2012 11:31 AM EDT
    Reply

    This ought to be good...almost as entertaining as Clinton's visit.
    So quickly we forget the image of Clinton looking over the DMZ with binoculars...
    that had the lens caps on.

    But isn't that how the Dems operate anyhow...operating with blinders...oblivious to the damage they do...

    • 3 votes
    Reply#2 - Tue Mar 20, 2012 10:36 PM EDT

    I remember that lens cap photo, that was an old, oh whatta you call those kolidascope things, you know where you put a picture slid in to view. That was slide's of 1950's pinup girl photo's rigged to look like binoculars. Bill found in a bunker over there, I think he still has it but told big 0 he left it there, that's why he's on his third trip, still looking for it!

      Reply#3 - Tue Mar 20, 2012 10:56 PM EDT

      so obama plans a trip to the dmz .... hmmmm, interesting....countless times he's been asked to visit the border here in az and he's never interested

      • 8 votes
      Reply#4 - Wed Mar 21, 2012 12:08 AM EDT

      Yes, why don't we send the food aid to the Mexican people instead, and maybe they won't bother trying to cross the border. Cheaper shipping costs, too! Just put the food along the border, so they can come and get it themselves, and go back home. Throw in some medicine/medical aid too!

      • 1 vote
      #4.1 - Wed Mar 21, 2012 8:40 AM EDT

      Oh, I forgot, it is an election year. So if Obama ever went to the AZ border he would just dismantle the border patrol, open all the gates, and welcome all the Mexicans with open arms so he could hand each one a voter registration card.

      • 3 votes
      #4.2 - Wed Mar 21, 2012 8:53 AM EDT
      Reply

      OBAMA APPEASED NORTH KOREA AND NOW THEY PLAN TO VIOLATE THAT ALREADY WITH MISSLE LAUNCH. God damn obama u making us look so damn weak when u appease these nations. what our benefit in feeding this horrible nation in first place stop trying to score one international victory when ur appeasement to this type of nation only makes it worst just like your appeasement to russia didnt make things better they just say no to us better and they threaten us even more and make more demands. This is all appeasement does for some nations something about needs to learn real quick cause the man is weak plain and simple

      • 3 votes
      Reply#5 - Wed Mar 21, 2012 12:38 AM EDT

      The way of caring humans. We feed the hungry. Even our enemies.

      • 2 votes
      #5.1 - Wed Mar 21, 2012 7:38 AM EDT
      Reply

      Perhaps Obama will see how to keep illegals from crossing a border. It has worked in Korea for 60 years, no reason it won't work on the US/Mexico border.

      • 2 votes
      Reply#6 - Wed Mar 21, 2012 4:29 AM EDT

      Yeah, mine fields will do that.

        #6.1 - Wed Mar 21, 2012 11:32 AM EDT
        Reply

        The only reason Obama is going there is to try to convince the DMZs to vote for him in Nov.

        • 1 vote
        Reply#7 - Wed Mar 21, 2012 4:30 AM EDT

        Please tell the unpredictable North Koreans on the other side to keep their fingers off the triggers because this will be little more than a "photo shoot" for the coming campaign.

        • 1 vote
        Reply#8 - Wed Mar 21, 2012 7:34 AM EDT

        I'm not telling them NOTHING.

        • 2 votes
        #8.1 - Wed Mar 21, 2012 10:10 AM EDT
        Reply

        Well it is good to see the Commander-in-Chief of the United States military visit the troops on the front line of duty in DMZ on the Korean Peninsula. It is the writer's hope the long standing Sino-US relationship will bring to bear on the Chinese administration of the need to put pressure on North Korea to abandon its nuclear program, save for peaceful purposes. I wish to call on the North Korean government to economically empower her people and bring them out of perennial famine. I wish to take the opportunity to wish the US-South Korea military cooperation and exercise continued success. May the world become a safer place of the nuclear summit!

          Reply#9 - Wed Mar 21, 2012 8:14 AM EDT

          If the Chinese government is so concerned about North Korea why don't they send them the FOOD AID instead of the USA? Afterall, their feeding 1 billion people already, whats couple hundred more million going to hurt. ..... Obama wants to give away millions of dollars in food aid to NK so they can feed their people, who are 90% all soldiers or children becoming soldiers, while NK spends tons of money to build missiles, satellites, and nuclear weapons??????

          • 3 votes
          Reply#10 - Wed Mar 21, 2012 8:31 AM EDT

          I'm pretty sure they do send NK food, but I don't know how much... the scale of the famines in North Korea is great enough that even China probably isn't willing to send as much as they want.

          China is a favored ally of NK because they don't badger them about abandoning Communism or giving their people basic rights (even though China has mostly done both). China tolerates North Korea's international temper tantrums because their nightmare is to see thousands of impoverished North Korean refugees pouring across the border after the government collapses (either because of a loss of confidence or because they started a war they couldn't possibly win). It's not exactly a relationship where NK can ask too much.

            #10.1 - Wed Mar 21, 2012 11:47 AM EDT

            @accountant, You answered questions about China. Not very well, I might add. So, how does NK get by spending tons of money on missiles, satellites, and nuclear bombs when their people are suffering from a great famine? .... 'impoverished North Korean refugees pouring across the border' Oh, do you mean like the USA-Mexican border? Maybe, we can supply Mexico with nuclear weapons so they can threaten countries like Cuba, Venezuela, and any nation that does not agree with the USA. Do you think China or Russia would like that? .... For all of you posting on here about how North Korea, and Afghanistan are drug empires, please look at Mexico before you speak. The war on terrorism is right on our doorstep, but we ignore the daily savage killings in Mexico by drug terrorists (cartels). Does that make any sense? Police, civilians, soldiers get whacked off everyday! No wonder peaceful people want to leave Mexico. Of course, if we sold nukes to Mexico the drug cartels would take over the government, and demand all countries to buy their drugs or else!

              #10.2 - Wed Mar 21, 2012 2:58 PM EDT

              I'm not sure what you want from me... North Korea gets by despite their atrocious policies and military expansion because, well, they do what they want, and we don't have the leverage to stop them. I'm also not sure what Mexico has to do with this at all. There is no comparison between Mexico and North Korea; the difference between the two is such that comparisons of our border situation are likewise irrelevant. So I do not look at Mexico before I speak.

                #10.3 - Wed Mar 21, 2012 3:48 PM EDT
                Reply

                North Korea will never completely abandon their nuclear program as they would no longer have the leverage to extort other nations into giving them food and money.

                • 1 vote
                Reply#11 - Wed Mar 21, 2012 8:38 AM EDT

                Obama, the Prince of Pond Scum goes to the DMZ. Should really scare the N. Koreans just like the 2,000 Marines he is putting in Australia has China shaking. Piss away some more money on jet fuel for Air Obama.

                • 2 votes
                Reply#12 - Wed Mar 21, 2012 9:00 AM EDT

                DPRK has little to trade with, which makes them paranoid and dangerous. and they are naturally suspicous. If they worked on a healthier economy they would be less paranoid.

                  Reply#13 - Wed Mar 21, 2012 9:11 AM EDT

                  If they abandoned Communism and excessive militarism (a million man army in a nation with regular famines?), then just about everything would be better, for everybody. Make no mistake, the fact that they have so little commerce is a direct result of the government policies and oppression. Their anorexic economy is a result, not a cause, of their twitchy militarism.

                    #13.1 - Wed Mar 21, 2012 11:37 AM EDT
                    Reply

                    Let's count the number of times Obama bows on this trip.

                      Reply#14 - Wed Mar 21, 2012 9:31 AM EDT

                      He will not bow! He'll just apologize for everything.

                      I suspect they'll photo shop a pic of him in the DMZ but he'll really be in HI. golfing again.

                      • 1 vote
                      #14.1 - Wed Mar 21, 2012 10:13 AM EDT
                      Reply

                      Burn that jet fuel (ALWAYS in the big 747 AF1 too), so we can go dither about on the DMZ and have lots of grinning mug photo ops!

                      • 3 votes
                      Reply#15 - Wed Mar 21, 2012 10:24 AM EDT

                      We can always hope he steps on a mine.....

                      • 2 votes
                      #15.1 - Wed Mar 21, 2012 10:26 AM EDT
                      Reply

                      Obama to the North Koreans: "I'll borrow more money from China and give you free stuff if you don't launch your rocket. I'll even let Americans pick up the tab"

                      Odumbass doubles down on stupid yet again.

                      • 2 votes
                      Reply#16 - Wed Mar 21, 2012 10:25 AM EDT

                      So in 5 years, possibly less, NK will be able to launch nukes at our shores, Iran will have nuclear weapons and they have, simultaneously, been working on delivery systems and Mr. Obama will have US over $21 trillion in debt. And those are just a small sample of the problems that are growing under Mr. Obama's watch. Can any one really say, with a straight face, that Mr. Obama's presidency has been good for America?

                      • 2 votes
                      Reply#17 - Wed Mar 21, 2012 11:16 AM EDT

                      Where'd you get those estimates? Last I heard, it'd be at least ten years before North Korea could even launch a firecracker at the US, much less a nuclear warhead.

                      Furthermore, give the man a break; Obama's president of the United States, not the world. If he could magically make nice with regimes that have loathed us for decades, I'm sure he would.

                        #17.1 - Wed Mar 21, 2012 11:41 AM EDT

                        SF

                        last year Washington warned that the American mainland could come under threat from North Korean missiles within five years.

                        Did you even read the article? If you did, you would see the numbers are in the article. As for Obama, he is the one that, naively, told voters that all it would take is for him to sit down, face to face, with the Iranian's and everything would be worked out. He hasn't even attempted to do that. We simply can not afford another four more years of his naivete and incompetence. We don't want a President that is struggling to learn at the wheel. We want leadership, not an apprentice.

                          #17.2 - Wed Mar 21, 2012 2:06 PM EDT

                          Oh, sorry, you're right, the article does say that. Of course a "missile" that can reach the US is completely different from a NUKE that can reach the US. Mounting a nuclear warhead on a ballistic missile is an outrageous technical endeavor that would still take North Korea at least a decade, assuming remarkable progress on their part and probablty outside help.

                          So I know where you got the figure, but you're misunderstanding it. A missile capable of hitting California is nothing; a conventional warhead could take out maybe a few houses, which would provoke an asymmetrical response that would leave NK devastated, so I don't consider them a threat (they can't acquire enough of the missiles to do any widespread damage).

                          And yeah, Obama naively told us that he could use diplomacy and everything would work out. It didn't. Big whoop. I don't think McCain would have fared any better, and I don't really expect politicians to do more good than harm while they're in office anyway, so I don't think our election, however it turns out, will make any difference in our relations to North Korea nor in the threat they pose to us (slim to none).

                            #17.3 - Wed Mar 21, 2012 4:00 PM EDT

                            It is believed that Iran is working on a two point implosion technology that will allow them to place nukes on smaller missiles. The same missiles they have already supplied to Hezbollah/Hamas. They are also working on a fleet of long range missiles. Any bet that they might share that technology with NK? BTW, you don't need missiles to deliver a nuke to its target. There are other methods. Including ships.

                            Are hands are basically tied when it comes to NK because they already have nukes. Not so Iran.

                              #17.4 - Thu Mar 22, 2012 12:32 PM EDT
                              Reply

                              What he going there for to apologize to north korea now

                              • 1 vote
                              Reply#18 - Wed Mar 21, 2012 11:42 AM EDT

                              The vitriol coming from the right isn't suprising. They don't have answers and are frustrated by the lack of any viable candidates.

                              It's called diplomacy something Bush couldn't even spell. It's a tough situation no doubt. What would santorum do take away their condoms?

                                Reply#19 - Wed Mar 21, 2012 1:57 PM EDT

                                Here is an example of the kinds of strong arm tactics the EPA is using under the Obama administration. Attempting to fine and punish people without due process of law. Notably, the Obama administrationt fully backed the EPA'as efforts and forced these poor people to go all the way to the US Supreme Court to get the first round of relief. Do we really want 4 more years of this overreaching and trampling of people's rights? Notice that it was a unanimous decision. Obama couldn't even get Ginsburg to agree with his EPA.

                                SUPREME COURT OF THE UNITED STATES No. 10–1062 CHANTELL SACKETT, ET VIR, PETITIONERS v. ENVI- RONMENTAL PROTECTION AGENCY, ET AL. ON WRIT OF CERTIORARI TO THE UNITED STATES COURT OF APPEALS FOR THE NINTH CIRCUIT [March 21, 2012] JUSTICE SCALIA delivered the opinion of the Court. We consider whether Michael and Chantell Sackett may bring a civil action under the Administrative ProcedureAct, 5 U. S. C. §500 et seq., to challenge the issuance bythe Environmental Protection Agency (EPA) of an admin­istrative compliance order under §309 of the Clean Water Act, 33 U. S. C. §1319. The order asserts that the Sack­etts’ property is subject to the Act, and that they haveviolated its provisions by placing fill material on the prop­erty; and on this basis it directs them immediately to restore the property pursuant to an EPA work plan. I The Clean Water Act prohibits, among other things, “thedischarge of any pollutant by any person,” §1311, without a permit, into the “navigable waters,” §1344—which the Act defines as “the waters of the United States,” §1362(7). If the EPA determines that any person is in violation of this restriction, the Act directs the agency either to issuea compliance order or to initiate a civil enforcement action. §1319(a)(3). When the EPA prevails in a civil action, the Act provides for “a civil penalty not to exceed [$37,500] per 2 SACKETT v. EPA Opinion of the Court day for each violation.”1 §1319(d). And according to theGovernment, when the EPA prevails against any personwho has been issued a compliance order but has failed to comply, that amount is increased to $75,000—up to$37,500 for the statutory violation and up to an additional $37,500 for violating the compliance order.The particulars of this case flow from a dispute aboutthe scope of “the navigable waters” subject to this en­forcement regime. Today we consider only whether the dispute may be brought to court by challenging the com­pliance order—we do not resolve the dispute on the merits. The reader will be curious, however, to know what all the fuss is about. In United States v. Riverside Bayview Homes, Inc., 474 U. S. 121 (1985), we upheld a regulation that construed “the navigable waters” to include “freshwa­ter wetlands,” id., at 124, themselves not actually naviga­ble, that were adjacent to navigable-in-fact waters. Later, in Solid Waste Agency of Northern Cook Cty. v. Army Corps of Engineers, 531 U. S. 159 (2001), we held that an abandoned sand and gravel pit, which “seasonally ponded” but which was not adjacent to open water, id., at 164, was not part of the navigable waters. Then most recently, in Rapanos v. United States, 547 U. S. 715 (2006), we consid­ered whether a wetland not adjacent to navigable-in-fact waters fell within the scope of the Act. Our answer was no, but no one rationale commanded a majority of the Court. In his separate opinion, THE CHIEF JUSTICE ex­pressed the concern that interested parties would lack —————— 1The original statute set a penalty cap of $25,000 per violation per day. The Federal Civil Penalties Inflation Adjustment Act of 1990, 104Stat. 890, note following 28 U. S. C. §2461, as amended by the DebtCollection Improvement Act of 1996, §3720E, 110 Stat. 1321–373, notefollowing 28 U. S. C. §2461, p. 1315 (Amendment), authorizes the EPA to adjust that maximum penalty for inflation. On the basis of that authority, the agency has raised the cap to $37,500. See 74 Fed. Reg. 626, 627 (2009). Cite as: 566 U. S. ___— (2012) 3 Opinion of the Court guidance “on precisely how to read Congress’ limits on thereach of the Clean Water Act” and would be left “to feel their way on a case-by-case basis.” Id., at 758 (concurring opinion).The Sacketts are interested parties feeling their way.They own a 2⁄3-acre residential lot in Bonner County, Idaho. Their property lies just north of Priest Lake, but isseparated from the lake by several lots containing perma­nent structures. In preparation for constructing a house,the Sacketts filled in part of their lot with dirt and rock. Some months later, they received from the EPA a compli­ance order. The order contained a number of “Findings and Conclusions,” including the following: “1.4 [The Sacketts’ property] contains wetlands with­in the meaning of 33 C. F. R. §328.4(8)(b); the wet­lands meet the criteria for jurisdictional wetlands in the 1987 ‘Federal Manual for Identifying and Deline­ating Jurisdictional Wetlands.’“1.5 The Site’s wetlands are adjacent to Priest Lake within the meaning of 33 C. F. R. §328.4(8)(c). Priest Lake is a ‘navigable water’ within the meaning of sec­tion 502(7) of the Act, 33 U. S. C. §1362(7), and ‘wa­ters of the United States’ within the meaning of 40 C. F. R. §232.2.“1.6 In April and May, 2007, at times more fully known to [the Sacketts, they] and/or persons acting on their behalf discharged fill material into wetlands at the Site. [They] filled approximately one half acre. . . . . . “1.9 By causing such fill material to enter waters of the United States, [the Sacketts] have engaged, and are continuing to engage, in the ‘discharge of pollu­tants’ from a point source within the meaning of sec­tions 301 and 502(12) of the Act, 33 U. S. C. §§1311 and 1362(12). . . . . . 4 SACKETT v. EPA Opinion of the Court “1.11 [The Sacketts’] discharge of pollutants into wa­ters of the United States at the Site without [a] per­mit constitutes a violation of section 301 of the Act, 33 U. S. C. §1311.” App. 19–20. On the basis of these findings and conclusions, the order directs the Sacketts, among other things, “immediately[to] undertake activities to restore the Site in accordancewith [an EPA-created] Restoration Work Plan” and to “pro- vide and/or obtain access to the Site . . . [and] access to all records and documentation related to the conditions at the Site . . . to EPA employees and/or their designated representatives.” Id., at 21–22, ¶¶2.1, 2.7.The Sacketts, who do not believe that their property issubject to the Act, asked the EPA for a hearing, but thatrequest was denied. They then brought this action in theUnited States District Court for the District of Idaho, seeking declaratory and injunctive relief. Their complaintcontended that the EPA’s issuance of the compliance order was “arbitrary [and] capricious” under the Administrative Procedure Act (APA), 5 U. S. C. §706(2)(A), and that itdeprived them of “life, liberty, or property, without dueprocess of law,” in violation of the Fifth Amendment. The District Court dismissed the claims for want of subject­matter jurisdiction, and the United States Court of Ap­peals for the Ninth Circuit affirmed, 622 F. 3d 1139(2010). It concluded that the Act “preclude[s] pre­enforcement judicial review of compliance orders,” id., at 1144, and that such preclusion does not violate the FifthAmendment’s due process guarantee, id., at 1147. We granted certiorari. 564 U. S. __— (2011). II The Sacketts brought suit under Chapter 7 of the APA,which provides for judicial review of “final agency actionfor which there is no other adequate remedy in a court.” 5 U. S. C. §704. We consider first whether the compliance Cite as: 566 U. S. ___— (2012) 5 Opinion of the Court order is final agency action. There is no doubt it is agency action, which the APA defines as including even a “failure to act.” §§551(13), 701(b)(2). But is it final? It has all of the hallmarks of APA finality that our opinions establish. Through the order, the EPA “ ‘determined’ ” “ ‘rights or ob­ligations.’ ” Bennett v. Spear, 520 U. S. 154, 178 (1997) (quoting Port of Boston Marine Terminal Assn. v. Re- deriaktiebolaget Transatlantic, 400 U. S. 62, 71 (1970)).By reason of the order, the Sacketts have the legal obliga­tion to “restore” their property according to an agency­approved Restoration Work Plan, and must give the EPA access to their property and to “records and documentationrelated to the conditions at the Site.” App. 22, ¶2.7. Also, “ ‘legal consequences . . . flow’ ” from issuance of the order. Bennett, supra, at 178 (quoting Marine Terminal, supra,at 71). For one, according to the Government’s currentlitigating position, the order exposes the Sacketts to dou­ble penalties in a future enforcement proceeding.2 It also severely limits the Sacketts’ ability to obtain a permit for their fill from the Army Corps of Engineers, see 33 U. S. C.§1344. The Corps’ regulations provide that, once the EPA has issued a compliance order with respect to certain property, the Corps will not process a permit application for that property unless doing so “is clearly appropriate.”33 CFR §326.3(e)(1)(iv) (2011).3 The issuance of the compliance order also marks the “ ‘consummation’ ” of the agency’s decisionmaking process. —————— 2 We do not decide today that the Government’s position is correct, but assume the consequences of the order to be what the Government asserts. 3The regulation provides this consequence for “enforcement litigationthat has been initiated by other Federal . . . regulatory agencies.” 33 CFR §326.3(e)(1)(iv) (2011). The Government acknowledges, however,that EPA’s issuance of a compliance order is considered by the Corps to fall within the provision. Brief for Respondents 31. Here again, wetake the Government at its word without affirming that it represents a proper interpretation of the regulation. 6 SACKETT v. EPA Opinion of the Court Bennett, supra, at 178 (quoting Chicago & Southern Air Lines, Inc. v. Waterman S. S. Corp., 333 U. S. 103, 113 (1948)). As the Sacketts learned when they unsuccessfully sought a hearing, the “Findings and Conclusions” that the compliance order contained were not subject to furtheragency review. The Government resists this conclusion, pointing to a portion of the order that invited the Sackettsto “engage in informal discussion of the terms and re­quirements” of the order with the EPA and to inform the agency of “any allegations [t]herein which [they] believe[d]to be inaccurate.” App. 22–23, ¶2.11. But that confers no entitlement to further agency review. The mere possibil­ity that an agency might reconsider in light of “informal discussion” and invited contentions of inaccuracy does notsuffice to make an otherwise final agency action nonfinal.The APA’s judicial review provision also requires that the person seeking APA review of final agency action have“no other adequate remedy in a court,” 5 U. S. C. §704. In Clean Water Act enforcement cases, judicial review ordi­narily comes by way of a civil action brought by the EPA under 33 U. S. C. §1319. But the Sacketts cannot initiate that process, and each day they wait for the agency to dropthe hammer, they accrue, by the Government’s telling, an additional $75,000 in potential liability. The other possi­ble route to judicial review—applying to the Corps ofEngineers for a permit and then filing suit under the APA if a permit is denied—will not serve either. The remedyfor denial of action that might be sought from one agency does not ordinarily provide an “adequate remedy” for ac- tion already taken by another agency. The Government, to its credit, does not seriously contend that other availa­ble remedies alone foreclose review under §704. Instead, the Government relies on §701(a)(1) of the APA, which excludes APA review “to the extent that [other] statutes preclude judicial review.” The Clean Water Act, it says, is such a statute. Cite as: 566 U. S. ___— (2012) 7 Opinion of the Court III Nothing in the Clean Water Act expressly precludesjudicial review under the APA or otherwise. But in de­termining “[w]hether and to what extent a particularstatute precludes judicial review,” we do not look “only [to]its express language.” Block v. Community Nutrition Institute, 467 U. S. 340, 345 (1984). The APA, we have said, creates a “presumption favoring judicial review ofadministrative action,” but as with most presumptions, this one “may be overcome by inferences of intent drawnfrom the statutory scheme as a whole.” Id., at 349. The Government offers several reasons why the statutoryscheme of the Clean Water Act precludes review.The Government first points to 33 U. S. C. §1319(a)(3),which provides that, when the EPA “finds that any personis in violation” of certain portions of the Act, the agency“shall issue an order requiring such person to complywith [the Act], or . . . shall bring a civil action [to enforce the Act].” The Government argues that, because Congressgave the EPA the choice between a judicial proceeding and an administrative action, it would undermine the Act to allow judicial review of the latter. But that argumentrests on the question-begging premise that the relevant difference between a compliance order and an enforcement proceeding is that only the latter is subject to judicialreview. There are eminently sound reasons other than insulation from judicial review why compliance orders are useful. The Government itself suggests that they“provid[e] a means of notifying recipients of potential vio­lations and quickly resolving the issues through volun- tary compliance.” Brief for Respondents 39. It is entirely consistent with this function to allow judicial review whenthe recipient does not choose “voluntary compliance.” The Act does not guarantee the EPA that issuing a compliance order will always be the most effective choice. The Government also notes that compliance orders are 8 SACKETT v. EPA Opinion of the Court not self-executing, but must be enforced by the agency ina plenary judicial action. It suggests that Congress there­fore viewed a compliance order “as a step in the delibera­tive process[,] . . . rather than as a coercive sanction that itself must be subject to judicial review.” Id., at 38. But the APA provides for judicial review of all final agency actions, not just those that impose a self-executing sanc­tion. And it is hard for the Government to defend its claim that the issuance of the compliance order was just “a step in the deliberative process” when the agency rejected theSacketts’ attempt to obtain a hearing and when the next step will either be taken by the Sacketts (if they comply with the order) or will involve judicial, not administrative,deliberation (if the EPA brings an enforcement action). As the text (and indeed the very name) of the complianceorder makes clear, the EPA’s “deliberation” over whether the Sacketts are in violation of the Act is at an end; the agency may still have to deliberate over whether it isconfident enough about this conclusion to initiate litiga­tion, but that is a separate subject. The Government further urges us to consider that Con­gress expressly provided for prompt judicial review, on theadministrative record, when the EPA assesses administra­tive penalties after a hearing, see §1319(g)(8), but did not expressly provide for review of compliance orders. But if the express provision of judicial review in one section of a long and complicated statute were alone enough to over- come the APA’s presumption of reviewability for all finalagency action, it would not be much of a presumption at all. The cases on which the Government relies simply arenot analogous. In Block v. Community Nutrition Institute, supra, we held that the Agricultural Marketing Agree­ment Act of 1937, which expressly allowed milk handlersto obtain judicial review of milk market orders, precluded review of milk market orders in suits brought by milk Cite as: 566 U. S. ___— (2012) 9 Opinion of the Court consumers. 467 U. S., at 345–348. Where a statute pro­vides that particular agency action is reviewable at theinstance of one party, who must first exhaust administra­tive remedies, the inference that it is not reviewable at the instance of other parties, who are not subject to the admin­istrative process, is strong. In United States v. Erika, Inc., 456 U. S. 201 (1982), we held that the Medicare statute, which expressly provided for judicial review of awardsunder Part A, precluded review of awards under Part B. Id., at 206–208. The strong parallel between the award provisions in Part A and Part B of the Medicare statute does not exist between the issuance of a compliance order and the assessment of administrative penalties under the Clean Water Act. And in United States v. Fausto, 484 U. S. 439 (1988), we held that the Civil Service ReformAct, which expressly excluded certain “nonpreference”employees from the statute’s review scheme, precluded review at the instance of those employees in a separateClaims Court action. Id., at 448–449. Here, there is no suggestion that Congress has sought to exclude compli­ance-order recipients from the Act’s review scheme; quite to the contrary, the Government’s case is premised on the notion that the Act’s primary review mechanisms are open to the Sacketts. Finally, the Government notes that Congress passed theClean Water Act in large part to respond to the inefficien­cy of then-existing remedies for water pollution. Compli­ance orders, as noted above, can obtain quick remediationthrough voluntary compliance. The Government warns that the EPA is less likely to use the orders if they are subject to judicial review. That may be true—but it will betrue for all agency actions subjected to judicial review. The APA’s presumption of judicial review is a repudiation of the principle that efficiency of regulation conquers all.And there is no reason to think that the Clean Water Act was uniquely designed to enable the strong-arming of 10 SACKETT v. EPA Opinion of the Court regulated parties into “voluntary compliance” without the opportunity for judicial review—even judicial review of thequestion whether the regulated party is within the EPA’sjurisdiction. Compliance orders will remain an effective means of securing prompt voluntary compliance in those many cases where there is no substantial basis to questiontheir validity. * * * We conclude that the compliance order in this case 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. We therefore reverse the judg­ment of the Court of Appeals and remand the case for further proceedings consistent with this opinion. It is so ordered.

                                  Reply#20 - Wed Mar 21, 2012 2:24 PM EDT

                                  What does the EPA have to do with North Korea or international diplomacy?

                                  You hate Obama, fine, I get it, but you could at least hate him in ways specific to his foreign policy decisions.

                                    #20.1 - Wed Mar 21, 2012 4:04 PM EDT

                                    Re article on China supplying telecommunications systems to Iran (and probably NK):

                                    Of course China is willing to supply Iran(and probably NK too) with these technologies. It nets China big profits and it mimics what they do in China to their own citizens. Birds of a feather flock together. And what other people will be subjected to Iran and China's spying. The capabilities are surely not limited to their own borders.

                                    Perhaps a Stuxnet type of virus needs to be introduced into the ZTE/TCI system to shut it down. Or better yet, to make it appear like it is functioning when it is not. Maybe one of those Chinese students or a group of Iranian students could do the job.

                                    Concerning the bigger picture, this article clearly shows that sanctions are not going to stop Iran from building nukes. The Iranian leadership has repeatedly said that sanctions will not stop their program. But Mr. Obama chooses not to believe that and continues to look the other way while the program continues. At the same time, the innocent every day citizens of Iran are forced to suffer the hardships and cruelty that come with the Iranian leadership's ever increasing need to maintain repressive controls and the effects of western imposed sanctions.

                                    Of course, Iran is in a much better position to weather sanctions than NK ever was. And the lesson to be learned from NK is that sanctions are not enough to stop power hungry dictators from building nuclear weapons and delivery systems. Even if it means the starvation of vast numbers of every day citizens and isolation from significant parts of the international community. Iran will never be placed in the same isolation as NK (China and Russia have made that clear) and every day Iranian's will never suffer the same level of deprivation as the average NK has been subjected to for well over 10 years now. Which hasn't resulted in a change of leadership, practices or policies in NK. How will it magically do so in Iran?

                                    And while Mr. Obama is struggle to come to grips with that reality, the Iranian leadership continues to take steps to advance its program and shore themselves up to withstand a preemptive strike and n mount counter strikes. Which means that, if Mr. Obama remains true to his word, when he finally comes to grips with the reality of the situation he will subject US to larger losses of resources and lives to get the job done.

                                    There is one thing that I whole heartedly agree with Mr. Obama about. His repeated statement that if terrorist get their hands on nuclear weapons there can be no doubt they will use them. That likelihood that that will happen is exponentially increased if Iran is allowed to go forward with its nuclear weapons program.

                                    Of course Iran's ties to Hezbollah and Hamas can not be ignored in that equation. Not to mention the recent reports from NYPD that spies for Iran and Hezbollah have been tracked taking reconnaissance photographs of bridges, buildings, train tracks etc... in the NY/NJ area. Likewise, Hezbollah ties to the Mexican drug cartels, with their vast resources and ability to penetrate our borders daily makes it far too dangerous and places in serious jeopardy our national security given their close ties to the Iranian leadership.

                                    Mr. Obama needs to put a very tight reign on this thing. Failure to do so places US and our allies at far too great a risk to warrant the gamble of not doing so.

                                      #20.2 - Thu Mar 22, 2012 12:23 PM EDT
                                      Reply

                                      Right, over-reaching government like the legislation passed in Arizona where a doctor can lie to a patient to prevent an abortion.

                                      But we are supposed to be talking about North Korea.

                                        Reply#21 - Wed Mar 21, 2012 5:15 PM EDT

                                        Or at the very least, Obama's general foreign policy. If we use EVERY story as a billboard for partisian mudslinging, we'll never have a civil discussion around here.

                                          #21.1 - Wed Mar 21, 2012 6:20 PM EDT
                                          Reply

                                          Wow, I just skimmed some of the hateful comments here - many of you should just go to FOX and stay there. Please. I happen to be supporting President Obama's Korean visit and feel that he will do an incredible job there. For you haters out there, come on and admit that we have one very fine President to represent even people like you. Obama 2012!!

                                            Reply#22 - Fri Mar 23, 2012 3:52 PM EDT

                                            Since 9/11 was not a lesson for all of you haters of the President of the United States, then keep on disrespecting your world leader like you did President Bill Clinton, then President George Bush and you will give this nations enemies the resolve to attack this country again like 9/11, or even worst if North Korea, Iran, and many other enemies of this nation listen to some of you on this vine, then they will try something just to satisfy your hate for your own President, and the belief that the other American leaders think like you fools and want give a dam in support of the present sitting President. And if he is not re-elected then I want be surprised to here you trashing the next fool that thinks he can lead this country of thankless buttock holes. I don't think anyone from any political party can satisfy you bunch of low life, inbreed, denigrating, racist, bigoted, everything hating fools.

                                            ""BUNCH OF DUMB ASS AMERICA DIVIDING FOOLS""WAR FIGHTER OUT""HOOAHhhhhhhh""""""""""""""

                                              Reply#23 - Mon Mar 26, 2012 12:02 PM EDT

                                              ""WAR FIGHTER OUT""HOOAHhhhhhhh

                                              Oh gawd, please don't be a Marine, If you are I'll Deny that I was ever active in the Corps!

                                              You really have no clue! 9/11, really!!!!!

                                              read up on...........

                                              >gulf war syndrome

                                              >agent orange

                                              >gulf of tonkin

                                              >uss liberty

                                              >pearl harbor

                                              >RMS lusitania

                                              >uss maine

                                              >battle of the alamo

                                              I left some stuff out, but if you read about the above you will start to ask more questions for yourself! Plus anyone else out there - look this stuff up!

                                              Don't let anyone TELL you what it means, READ it for your self!

                                              .

                                              .

                                              BTW - I know "HOOAHhhhhhhh" isn't Marine, but I'm not so sure you typed what you meant! Just being sure!

                                              • 1 vote
                                              #23.1 - Tue Mar 27, 2012 9:04 PM EDT
                                              Reply
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