Private Enforcement of Federal Pollution Control Laws, Part II

February 1984
Citation:
14
ELR 10063
Issue
2
Author
Jeffrey G. Miller

Editors' Summary: In the second of a three-part series, Mr. Miller analyzes the mechanics of bringing a citizen suit and the remedies available to the successful plaintiff under 11 federal environmental statutes. He examines the conditions precedent to citizen suits, the rights of government and citizen enforcers to intervene in each other's suits, security requirements that courts may impose on citizen suit plaintiffs, and the extent to which the citizen enforcer can obtain the same remedies available to the government. The analysis draws on the statutory language, legislative history, agency regulations, and court decisions and leads the author to a number of recommendations for making the citizen suit provisions better serve the purposes Congress had in mind in enacting them.

Mr. Miller is a partner in the Washington, D.C., firm of Bergson, Borkland, Margolis & Adler. He was an EPA enforcement official for 10 years, finishing his government career as head of EPA's enforcement program.

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