Citizen suits

The citizen suit provisions have also been revised to allow citizens to seek penalties against violators, with the penalties going to a U.S. Treasury fund for use by EPA for compliance and enforcement activities. The U.S. government s right to intervene is clarified and citizen plaintiffs will be required to provide the U.S. government with copies of pleadings and draft settlements. 

Penalties for violations can be severe. In some cases, violation can lead to banning a product or shutting down a plant or operation. In other cases, civil penalties may run as high as 50,000 for each day a violation continues. Criminal penalties, including jail sentences, are also possible. Citizen suits to force compliance or for damanges may also be permitted. In addition, knowingly submitting a false or inaccurate report is a felony punishable by imprisonment for up to five years or a 10,000 fine or both. 

Many small tanks and wastewater treatment plant tanks have been exempt from these rules. Penalties for noncompliance with the UST guidelines can be up to 10,000 per day. All other violations of the RCRA can carry similar penalties, including steep fines and jail time. Civil penalties can be assessed up to 25,000 per day per violation of the RCRA. Criminal penalties up to 250,000 and 15 years in jail can be imposed for knowingly putting someone in imminent danger by violating the RCRA. Similar to other environmental laws, the RCRA authorizes citizen suits in the event that the USEPA fails to implement the RCRA. 

Finally, individuals may bring a citizen suit in U.S. district courts against persons who violate a prescribed effluent standard or limitation (Section 505). Individuals may... 

In addition to the permit requirements of the 1977 amendments, the 1987 amendments permitted citizen suits that allowed any individual to bring a legal suit against any party believed to be in conflict with the provisions of the CWA. Citizen suits were also permitted against any party responsible for the enforcement and administration of the CWA that was believed derelict in its responsibilities. This expanded the responsibdity of clean water enforcement to include the public as well as government bodies. 

MTBE was a citizens suit under TSCA 20 seeking to compel oil companies to report certain information concerning methyl tertiary butyl ether under TSCA 8(e). As the MTBE case makes clear, people bringing citizens suits are not bound by EPA guidance that purports to relax strict compliance with the statutory language. Similarly, there is no reason why any other federal agency would be compelled to interpret TSCA the way the EPA does in the guidances. ... 

A small business cannot obtain relief under the Small Business Policy if it has received a warning letter, notice of violation, field citation, citizen suit complaint, or any other enforcement action for the same violation within the prior three years. It is also barred from relief if it received penalty mitigation under the Small Business Pohcy (or a State or Tribal analog) for the same or similar violation in the past three years, or if it has been the subject of two enforcement actions for any environmental violation in the past five years. " ... 

Robert B. June, Citizen Suits The Structure of Standing Requirements for Citizen Suits and the Scope of Congressional Power, 24 Envtl. L. 761, 764 (1994). 

Kerry D. Florio, Attorneys Fees in Environmental Citizen Suits Should Prevailing Defendants Recover 27 B.C. Envtl. Aff. L. Rev. 707,709 (2000). 

A citizens suit under 20 can onlybe brought to remedy an existing violation, whether it is continuous or intermittent. In Gwaltney of SmithField,... 

LTD, V. Chesapeake Bay Foundation, Inc. ef a/., °the Supreme Court reviewed differences of opinions in three circuits. While the case dealt with the interpretation of the CWA s citizen suits provisions, Congress used the same language in TSCA as it did in the CWA. In fact, in concluding that Congress meant what the language of the CWA said, the Court made note that TSCA and several other environmental statutes used the same exact language for the same reasons. ... 

The Act provides a two-tier penalty system for AHERA violations. The lower tier carries maximum daily penalties of 7,500 for violations as of January 13, 2009, which is one-fifth of the penalties for other TSCA violations.That tier is reserved for enumerated violations by LEAs, and contractors who fail to obtain accreditation. The higher tier carries maximum daily penalties as of January 13,2009 of 37,500, and appHes the penalty provisions in TSCA 16 to all other asbestos-related TSCA violations. The statute also provides for citizens suits, citizens petitions, and injunctive rehef. 

D) A violation of this subsection or the terms and conditions of an exemption, or the submission of false information in connection therewith, shall be considered a prohibited act under section 15, and shall be subject to penalties under section 16, injunctive relief under section 17, and citizen suits under section 20. 

Boyer, B., and Meidinger, E. (1985) Privatizing Regulatory Enforcement A Preliminary Assessment of Citizen Suits under Federal Environmental Laws , Buffalo Law Review 34 833-964. 

The CWA and its 1977 and 1987 amendments covered other topics Title III, enforcement, dealt with effluent limitations, standards and implementation plans for specific pollutants, inspections, monitoring, and enforcement Title I covered research and related programs Title IV outlined treatment plant construction grants, permits, and licenses. The general provisions covering citizen suits, reports to Congress and state authorities under the CWA were present in Title V. 

J. Clarence Davies, III, The Politics of Pollution 18, 73 (1970) Jeannette L. Austin, The Rise of Citizen-Suit Enforcement in Environmental Law Reconciling Private and Public Attorneys General, 81 Nw. U. L. Rev. 220, 227 n -j (1987) (citing statutes). 

Bogus, Lawsuits, 111 Matthew D. Zinn, Policing Environmental Regulatory Enforcement Cooperation, Capture, and Citizen Suits, 21 Stan. Envt l L. J. 81, 82, 88, 96... 

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