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Citizen Suits 30 Years On

Citizen Suits 30 Years On. Based on James May’s article, Now More Than Ever . . .” Widener L. Rev. (2003). May’s Bottom Line: “The experiment worked”. Removed billions of pounds of pollutants Protected hundreds of RTE species Saved taxpayers billions Defended thousands of acres of land.

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Citizen Suits 30 Years On

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  1. Citizen Suits 30 Years On Based on James May’s article, Now More Than Ever . . .” Widener L. Rev. (2003)

  2. May’s Bottom Line: “The experiment worked” • Removed billions of pounds of pollutants • Protected hundreds of RTE species • Saved taxpayers billions • Defended thousands of acres of land

  3. Trends in Notices of Intent • 1978-82 total NOI = 125 • Early 1980s NOI = 100/year • 1995-2002 NOI = 550/year (2 per business day), exceeding EPA referrals

  4. Trends in Filings • More than 2000 cases (total) have been filed • Equivalent to one filing per week • 426 filed since 1995—declining rate (Laidlaw?), but some rebound • 3 out of every 4 Environmental Law opinions is in a citizen suit

  5. Early ’80s—nearly all plaintiffs were environmental groups (Oh, really?) Now—1 case in 3 brought by companies, landowners, developers, industry, states Trends in Plaintiffs

  6. Reactions of Enforcement Agencies • Federal agencies enforcing less • State agencies enforcing much less • DOJ enforcing less • Sweetheart settlements

  7. Reactions of the Judiciary • Limited constitutional defenses (standing, sep. of powers), but-- • Strict notice requirements • Diligent prosecution liberally construed • Strict construction of mandatory duties (statutory mandate plus time limit) • Limited relief • Limited fees

  8. Why are citizen suits a good thing? • Hold bureaucracies accountable, motivate action • Uphold bicameral lawmaking and tripartite governance • Enhance public participation • Enforce the Rule of Law

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