Environmental Citizen Suits PDF Download

Author: Michael D. Axline
Publisher: Salem, N.H. : Butterworth Legal Publishers
ISBN:
Category : Law
Languages : en
Pages : 474

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Author: John C. Dernbach
Publisher:
ISBN:
Category :
Languages : en
Pages : 0

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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.

Author: Lisa Jorgenson
Publisher: BNA Books (Bureau of National Affairs)
ISBN:
Category : Law
Languages : en
Pages : 330

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Author: United States. Congress. House. Committee on Transportation and Infrastructure. Subcommittee on Water Resources and Environment
Publisher:
ISBN:
Category : Law
Languages : en
Pages : 72

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Author:
Publisher:
ISBN:
Category : Citizen suits (Civil procedure)
Languages : en
Pages : 658

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Author: Michael Axline
Publisher:
ISBN:
Category :
Languages : en
Pages :

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Author: Jeffrey G. Miller
Publisher: John Wiley & Sons
ISBN:
Category : Law
Languages : en
Pages : 328

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Author: Robin Kundis Craig
Publisher:
ISBN:
Category :
Languages : en
Pages : 82

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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.

Author:
Publisher:
ISBN:
Category : Citizen suits (Civil procedure)
Languages : en
Pages : 725

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Author: Alan Murdie
Publisher: Routledge
ISBN: 1134059663
Category : Political Science
Languages : en
Pages : 260

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Book Description
Never before have people been so aware of the importance of sound environmental law, as every week stories of controversial planning developments and prosecutions for the release of toxic substances feature in the news. Environmental Law and Citizen Action sets out and explains the ways that ordinary citizens can use the law to ensure the environment is protected. There are a number of existing UK laws which require local authorities to control pollution and protect the environments and many more which can be used to tackle environmental offenders, yet often local government officers themselves are unaware of the full scope of their powers. Writing in a clear, accessible style, Alan Murdie explains how to get access to the relevant information, participate in public enquiries, use the courts to challenge public and government bodies and prosecute polluters. This book maps a path through the intricate legal maze to show what rights every citizen has, and how those rights can be enforced. Alan Murdie is a barrister with long-standing interest and involvement in local government issues, and a lecturer at Thames Valley University. He is co-author of To Pay or Not To Pay, a best-selling analysis of the poll tax debate, and has contributed to a wide range of legal and government periodicals. Originally published in 1993