Citizen suit
Encyclopedia
In the U.S., a citizen suit is a lawsuit
by a private citizen to enforce a statute
. Citizen suits are particularly common in the field of environmental law
.
Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation
, or government body
for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act
(CWA) for illegally polluting
a waterway
. Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-discretionary duty. For example, a private citizen could sue the Environmental Protection Agency for failing to promulgate regulations that the CWA required it to promulgate. In a third, less common form, citizens may sue for an injunction
to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste
, regardless of whether or not the defendant's conduct violates a statutory prohibition. This third type of citizen suit is analogous to the common law
tort
of public nuisance
. In general, the law entitles plaintiffs who bring successful citizen suits to recover reasonable attorney fees and other litigation costs.
In 1970, when amending the Clean Air Act
, the United States Congress
was inspired by similar legislation in the civil rights
arena to begin including specific provisions for citizens to bring suit against violators or government agencies to enforce environmental laws. Today most anti-pollution laws have provisions for citizen suits and they have become a major means of ensuring compliance with environmental laws. Public-interest environmental legal service organizations, such as Earthjustice
and the Tulane Environmental Law Clinic
, often prosecute citizen suits. Some non-environmental statutes, such as the Americans with Disabilities Act and the Fair Housing Amendments Act, also contain citizen suit provisions, but the majority of regulatory statutes do not.
Citizens may only bring citizen suits in federal court
if they have "standing to sue
." To establish standing, the courts have required proof of three elements. First, the plaintiff must have suffered an “injury in fact”-an invasion of a legally protected interest which is (a) concrete and particularized and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical.’” Second, there must be a causal connection between the injury and the conduct complained of-the injury has to be “fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.” Third, it must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.”
Environmental laws that allow citizen suits include:
Lawsuit
A lawsuit or "suit in law" is a civil action brought in a court of law in which a plaintiff, a party who claims to have incurred loss as a result of a defendant's actions, demands a legal or equitable remedy. The defendant is required to respond to the plaintiff's complaint...
by a private citizen to enforce a statute
Statute
A statute is a formal written enactment of a legislative authority that governs a state, city, or county. Typically, statutes command or prohibit something, or declare policy. The word is often used to distinguish law made by legislative bodies from case law, decided by courts, and regulations...
. Citizen suits are particularly common in the field of environmental law
Environmental law
Environmental law is a complex and interlocking body of treaties, conventions, statutes, regulations, and common law that operates to regulate the interaction of humanity and the natural environment, toward the purpose of reducing the impacts of human activity...
.
Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation
Corporation
A corporation is created under the laws of a state as a separate legal entity that has privileges and liabilities that are distinct from those of its members. There are many different forms of corporations, most of which are used to conduct business. Early corporations were established by charter...
, or government body
Government agency
A government or state agency is a permanent or semi-permanent organization in the machinery of government that is responsible for the oversight and administration of specific functions, such as an intelligence agency. There is a notable variety of agency types...
for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act
Clean Water Act
The Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
(CWA) for illegally polluting
Water pollution
Water pollution is the contamination of water bodies . Water pollution occurs when pollutants are discharged directly or indirectly into water bodies without adequate treatment to remove harmful compounds....
a waterway
Waterway
A waterway is any navigable body of water. Waterways can include rivers, lakes, seas, oceans, and canals. In order for a waterway to be navigable, it must meet several criteria:...
. Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-discretionary duty. For example, a private citizen could sue the Environmental Protection Agency for failing to promulgate regulations that the CWA required it to promulgate. In a third, less common form, citizens may sue for an injunction
Injunction
An injunction is an equitable remedy in the form of a court order that requires a party to do or refrain from doing certain acts. A party that fails to comply with an injunction faces criminal or civil penalties and may have to pay damages or accept sanctions...
to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste
Hazardous waste
A hazardous waste is waste that poses substantial or potential threats to public health or the environment. According to the U.S. environmental laws hazardous wastes fall into two major categories: characteristic wastes and listed wastes.Characteristic hazardous wastes are materials that are known...
, regardless of whether or not the defendant's conduct violates a statutory prohibition. This third type of citizen suit is analogous to the common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
tort
Tort
A tort, in common law jurisdictions, is a wrong that involves a breach of a civil duty owed to someone else. It is differentiated from a crime, which involves a breach of a duty owed to society in general...
of public nuisance
Public nuisance
In English criminal law, public nuisance is a class of common law offence in which the injury, loss or damage is suffered by the local community as a whole rather than by individual victims.-Discussion:...
. In general, the law entitles plaintiffs who bring successful citizen suits to recover reasonable attorney fees and other litigation costs.
In 1970, when amending the Clean Air Act
Clean Air Act
A Clean Air Act is one of a number of pieces of legislation relating to the reduction of airborne contaminants, smog and air pollution in general. The use by governments to enforce clean air standards has contributed to an improvement in human health and longer life spans...
, the United States Congress
United States Congress
The United States Congress is the bicameral legislature of the federal government of the United States, consisting of the Senate and the House of Representatives. The Congress meets in the United States Capitol in Washington, D.C....
was inspired by similar legislation in the civil rights
Civil rights
Civil and political rights are a class of rights that protect individuals' freedom from unwarranted infringement by governments and private organizations, and ensure one's ability to participate in the civil and political life of the state without discrimination or repression.Civil rights include...
arena to begin including specific provisions for citizens to bring suit against violators or government agencies to enforce environmental laws. Today most anti-pollution laws have provisions for citizen suits and they have become a major means of ensuring compliance with environmental laws. Public-interest environmental legal service organizations, such as Earthjustice
Earthjustice
Earthjustice is a non-profit public interest law firm based in the United States that specializes in cases protecting natural resources, safeguarding public health, and promoting clean energy...
and the Tulane Environmental Law Clinic
Tulane Environmental Law Clinic
The Tulane Environmental Law Clinic is a legal clinic that Tulane Law School has operated since 1989 to offer law students the practical experience of representing real clients in actual legal proceedings under state and federal environmental laws....
, often prosecute citizen suits. Some non-environmental statutes, such as the Americans with Disabilities Act and the Fair Housing Amendments Act, also contain citizen suit provisions, but the majority of regulatory statutes do not.
Citizens may only bring citizen suits in federal court
United States federal courts
The United States federal courts make up the judiciary branch of federal government of the United States organized under the United States Constitution and laws of the federal government.-Categories:...
if they have "standing to sue
Standing (law)
In law, standing or locus standi is the term for the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged to support that party's participation in the case...
." To establish standing, the courts have required proof of three elements. First, the plaintiff must have suffered an “injury in fact”-an invasion of a legally protected interest which is (a) concrete and particularized and (b) “actual or imminent, not ‘conjectural’ or ‘hypothetical.’” Second, there must be a causal connection between the injury and the conduct complained of-the injury has to be “fairly ... trace[able] to the challenged action of the defendant, and not ... th[e] result [of] the independent action of some third party not before the court.” Third, it must be “likely,” as opposed to merely “speculative,” that the injury will be “redressed by a favorable decision.”
Environmental laws that allow citizen suits include:
- Clean Water ActClean Water ActThe Clean Water Act is the primary federal law in the United States governing water pollution. Commonly abbreviated as the CWA, the act established the goals of eliminating releases of high amounts of toxic substances into water, eliminating additional water pollution by 1985, and ensuring that...
- Safe Drinking Water ActSafe Drinking Water ActThe Safe Drinking Water Act is the principle federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency is required to set standards for drinking water quality and oversee all states, localities, and water...
- Clean Air Act 1970
- Resource Conservation and Recovery ActResource Conservation and Recovery ActThe Resource Conservation and Recovery Act , enacted in 1976, is the principal Federal law in the United States governing the disposal of solid waste and hazardous waste.-History and Goals:...
- Comprehensive Environmental Response, Compensation, and Liability Act
- Surface Mining Control and Reclamation Act of 1977Surface Mining Control and Reclamation Act of 1977The Surface Mining Control and Reclamation Act of 1977 is the primary federal law that regulates the environmental effects of coal mining in the United States....
- Endangered Species Act of 1973
- Emergency Planning and Community Right To Know Act of 1986- SARA Title III