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Citizen Suits: Protecting the Environment and Holding Authorities Accountable for 30 Years

Based on James May's article, this exploration details the significant impact of citizen suits over 30 years. They have successfully removed billions of pounds of pollutants, protected hundreds of endangered species, and saved taxpayers billions while defending valuable land. Despite trends showing a decline in filings since the 1990s, citizen suits remain a key method for enhancing public participation and enforcing environmental laws. They hold bureaucracies accountable and play a critical role in upholding the Rule of Law amidst diminishing enforcement by federal and state agencies.

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Citizen Suits: Protecting the Environment and Holding Authorities Accountable for 30 Years

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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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