Polluter-financed environmentally beneficial expenditures: Effective use or improper abuse of citizen suits under the Clean Water Act
- Lewis and Clark Coll., Portland, OR (United States)
In 1970, recognizing the cumbersome and often ineffective enforcement mechanisms in existing federal water and air pollution statutes, Congress passed the first citizen suit provision. This provision of the Clean Water Act was the subject of intense debate and underwent several transitions before it was finally adopted. With the advent of citizen suits in environmental legislation, Congress opened the courts to the public. Citizen suit provisions allowed private citizens to serve as watch-dogs of both industry and government, creating an additional check in the enforcement schemes established by Congress. But the provisions allowed only for enforcement, not for the right to sue for damages. The remedies available to citizen-plaintiffs were injunctive relief and, in the case of the Clean Water Act, civil penalties payable to the US Treasury. Focusing on the Clean Water Act, this Comment explores the use of alternative payments as settlement of Clean Water Act citizen suits: polluter-financed environmentally beneficial expenditures. As established through consent decrees, these expenditures go to local cleanup, research, and educational projects in the area of Clean Water Act violations, in lieu of or in addition to civil penalties. While the US Department of Justice has objected to the use of such settlements, one apellate court has ratified their use. This essay postulates that environmentally beneficial expenditures established through consent decrees are an important and effective use of the Clean Water Act's citizen suit provision, serving the dual goals of deterring polluters and mitigating the effects of past violations.
- OSTI ID:
- 7014484
- Journal Information:
- Environmental Law; (United States), Journal Name: Environmental Law; (United States) Vol. 21:1; ISSN EVLWA8; ISSN 0046-2276
- Country of Publication:
- United States
- Language:
- English
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CONTROL
COST BENEFIT ANALYSIS
ECONOMIC ANALYSIS
ECONOMICS
ENFORCEMENT
LAWS
LAWSUITS
LEGAL ASPECTS
POLLUTION CONTROL
POLLUTION LAWS
REMEDIAL ACTION
US CLEAN WATER ACT
VIOLATIONS
WATER POLLUTION CONTROL