Author: Michael D. AxlinePublisher: Salem, N.H. : Butterworth Legal Publishers
ISBN:
Category : Law
Languages : en
Pages : 474
Book Description
Environmental Citizen Suits
Author: Michael D. AxlinePublisher: Salem, N.H. : Butterworth Legal Publishers
ISBN:
Category : Law
Languages : en
Pages : 474
Book Description
Citizen Suits and Qui Tam Actions
Author: James T. BlanchEnvironmental Citizen Suits
Author: Lisa JorgensonPublisher: BNA Books (Bureau of National Affairs)
ISBN:
Category : Law
Languages : en
Pages : 330
Book Description
Citizen Suits
Author: Jeffrey G. MillerPublisher: John Wiley & Sons
ISBN:
Category : Law
Languages : en
Pages : 328
Book Description
Are Citizen Suit Provisions of the Clean Water Act Being Misused?
Author: United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and EnvironmentPublisher:
ISBN:
Category : Law
Languages : en
Pages : 72
Book Description
Citizen Suits
Author: Publisher:
ISBN: 9780911937206
Category : Citizen suits (Civil procedure)
Languages : en
Pages : 306
Book Description
Environmental Citizen Suits
Author: Michael AxlineEnvironmental Citizen Suits at Thirtysomething
Author: Publisher:
ISBN:
Category : Citizen suits (Civil procedure)
Languages : en
Pages : 658
Book Description
Citizen Suits and Sustainability
Author: John C. DernbachPublisher:
ISBN:
Category :
Languages : en
Pages : 0
Book Description
The article explores what we can learn about sustainable development, and the progress the United States has already made or not made, by looking at citizen suits under United States environmental law. The article focuses on four aspects of citizen suits: the manner in which they allow access to U.S. courts, the rules concerning standing to sue, the purposes of the laws that have provisions authorizing citizen enforcement, and the extent to which we would want such provisions in a world that has reached some form of sustainable development. Citizen suits are an important part of an environmentally sustainable legal system because they provide access to justice for persons injured by violations of environmental laws. The law of standing requires plaintiffs to allege injury to their uses of the environment as a result of the defendant's use or misuse of the environment. It thus suggests, in rough terms, competition between sustainable uses and unsustainable uses. The plaintiffs in the U.S. Supreme Court's decision in Tennessee Valley Authority v. Hill (1978) provide a useful example of that point. The environmental laws being enforced in citizen suits tend to be based on a damage control model of environmental protection, largely to reduce economic and social costs. In a sustainable society, by contrast, economic development could help drive both greater environmental protection and greater social well-being. Moreover, environmental protection in a sustainable society would be based on the full range of laws and policies that affect the environment, not just environmental regulation. Yet even these laws would need to include citizen suit provisions of some kind, because citizen involvement is necessary for sustainable development.
Will Separation of Powers Challenges 'Take Care' of Environmental Citizen Suits? Article II, Injury-in-Fact, Private 'Enforcers,' and Lessons from Qui Tam Litigation
Author: Robin Kundis CraigPublisher:
ISBN:
Category :
Languages : en
Pages : 82
Book Description
What lt;igt;arelt;/igt; environmental citizen suits? This question has deep constitutional implications when the focus turns to the relationship between citizen suit plaintiffs and the federal Executive. Such resonances are especially acute because the federal courts have traditionally viewed citizen suits as a type of enforcement action, supplementing state and federal environmental enforcement efforts.Four Justices of the U.S. Supreme Court have suggested that environmental citizen suits may violate separation of powers principles on Article II grounds. Specifically, so the argument goes, in creating citizen suits Congress has impermissibly interfered with the President's constitutional duty to quot;take Care that the Laws be faithfully executed.quot;This Article explores the legitimacy of that Article II concern by evaluating citizen suits through the lens of federal lt;igt;qui tamlt;/igt; provisions. It concludes that, given the Supreme Court's imposition of an Article III standing requirement on environmental citizen suits, such suits look more like private actions than public actions and hence should survive Article II scrutiny.