Environmental financing litigation
Environmental plaintiffs who proceed under the citizen-suit provisions of the Federal Water Pollution Control Act (FWPCA) may seek an award of attorney fees. They must comply with the strict jurisdictional requirements of Section 1365. These include giving 60 days notice to all parties before filing suit and confining the suit to certain violations by pollutors or nondiscretionary omissions by the Administrator of the Environmental Protection Agency. A court has wide discretion in determining who will receive an award. Defendants must first demonstrate that they were the victims of a harassing or frivolous action, while plaintiffs must demonstrate that their action was in the public interest and served the intended purpose as provided in the FWPCA. 51 references.
- OSTI ID:
- 5860258
- Journal Information:
- Nat. Resour. J.; (United States), Journal Name: Nat. Resour. J.; (United States) Vol. 19:3; ISSN NRJOA
- Country of Publication:
- United States
- Language:
- English
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54 ENVIRONMENTAL SCIENCES
CASE LAW
ENVIRONMENTAL POLICY
FEDERAL WATER POLLUTION CONTROL ACT
FINANCING
GOVERNMENT POLICIES
LAWS
LAWSUITS
LEGAL ASPECTS
POLLUTION LAWS