|
|
Article: How far should the bar on citizen suits extend under section 309 of the Clean Water Act?(1996 Ninth Circuit Environmental Review)
- Article from:
- Environmental Law
- Article date:
- September 22, 1997
- Author:
CopyrightCOPYRIGHT 1997 Lewis & Clark Northwestern School of Law. This material is published under license from the publisher through the Gale Group, Farmington Hills, Michigan. All inquiries regarding rights should be directed to the Gale Group. (Hide copyright information)
|
I. INTRODUCTION
In an effort to increase enforcement actions, Congress amended the Clean Water Act (CWA)(1) in 1987 to include a new administrative penalty section that allows agencies to assess civil penalties.(2) This section also includes provisions that allow certain administrative enforcement actions to preclude a citizen suit.(3) An analysis of this provision gives some insight into the question that existed in the courts concerning whether an administrative enforcement action could be considered a "court" under [sections] 505(b)(1)(B) of the Act and could thus preclude a citizen suit.(4) The provision precludes a citizen suit if 1) the Administrator of ...
Related newspaper, magazine, and journal articles:
|
|
Article: Economic observations on citizensuit provisions of environmental ...
Duke Environmental Law & Policy Forum;
September 22, 2001 ;
700+ words
... ... standing requirements in environmental citizen suits. This strict reading is demonstrated ... 7) Laidlaw is key to the future of citizen suits. Friends of the Earth and other plaintiff ... may be expected to encourage future citizen suits.(9) In the majority opinion of ...
|
|