Citizens have long played a direct role in U.S. governance, but the availability of citizen suits has allowed citizens to have a particularly strong part in environmental policy development and implementation. Citizens have the ability to influence and challenge government decisions under the Administrative Procedure Act (APA), which allows interested parties to challenge both federal agency actions and inaction in certain contexts. Substantive environmental statutes also allow citizens to challenge agency conduct. This article will provide an overview of U.S. citizen suitsand explore how they have influenced environmental law. Part II of this article will introduce the three general types of citizen actions that U.S. authorizes: challenges to agency actions; suits seeking to compel agency action; and citizen enforcement actions against regulated entities. Part III will discuss some of the legal hurdles citizens must clear to bring their cases before court. Part IV will conclude with a brief evaluation of the role of citizen suits in U.S. environmental law. Yet, even after 40 years of citizen enforcement, debates continue about whether citizens should continue to play such a role in U.S. governance and compliance.It is unlikely that debates about the priority of citizen enforcement will abate any time soon. It is safe to say, however, that environmental citizen suits will continue to influence the U.S. legal and political system for years to come.
Citizens have long played a direct role in U.S. governance, but the availability of citizen suits has allowed citizens to have a particularly strong part in environmental policy development and implementation. Citizens have the ability to influence and challenge government decisions under the Administrative Procedure Act (APA), which allows interested parties to challenge both federal agency actions and inaction in certain contexts. Substantive environmental statutes also allow citizens to challenge agency conduct. This article will provide an overview of U.S. citizen suitsand explore how they have influenced environmental law. Part II of this article will introduce the three general types of citizen actions that U.S. authorizes: challenges to agency actions; suits seeking to compel agency action; and citizen enforcement actions against regulated entities. Part III will discuss some of the legal hurdles citizens must clear to bring their cases before court. Part IV will conclude with a brief evaluation of the role of citizen suits in U.S. environmental law. Yet, even after 40 years of citizen enforcement, debates continue about whether citizens should continue to play such a role in U.S. governance and compliance.It is unlikely that debates about the priority of citizen enforcement will abate any time soon. It is safe to say, however, that environmental citizen suits will continue to influence the U.S. legal and political system for years to come.
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