The Environmental Lawsuit Power Grab

In this episode, Dr. David Legates examines the growing legal battle over “citizen suits” and who has the authority to enforce federal environmental law. The Clean Air Act, Clean Water Act, and Safe Drinking Water Act all gave private citizens and organizations the ability to sue when they believed environmental laws were being violated. For decades, these provisions have allowed environmental groups to challenge companies and government agencies in court. But critics argue that citizen suits have increasingly become a mechanism for influencing federal policy outside the normal democratic and regulatory process.

Now, the Trump Administration is pushing back, arguing that the Constitution places responsibility for enforcing federal law with the Executive Branch and that private advocacy groups should not be able to dictate national policy through litigation. The Justice Department recently intervened in a citizen suit involving an artificial-intelligence facility, arguing that private litigants should not be able to use environmental law to undermine national energy and technology priorities.

So, are these actions an unconstitutional restriction of citizens’ rights, or an effort to restore the separation of powers and prevent “regulation through litigation”?

Dr. Legates examines the history of citizen-suit provisions, the controversial practice of “sue and settle,” the constitutional arguments surrounding executive enforcement authority, and the increasingly important question of whether unelected advocacy organizations should be able to shape federal policy through the courts. The issue may ultimately make its way to the U.S. Supreme Court.

This episode is an update to our earlier discussion, “Sue and Settle,” and asks a fundamental question about American government: When Congress passes a law, who should ultimately decide how that law is enforced—the Executive Branch, or private citizens and advocacy groups?

https://theconversation.com/trump-administration-moves-to-block-public-from-enforcing-environmental-protection-laws-288687

https://www.law.cornell.edu/uscode/text/42/7604

https://www.cbsnews.com/news/texas-senate-passes-bill-curbs-abortion-pills-mailing-into-state/

https://fedsoc.org/events/citizen-suits-separation-of-powers-and-the-future-of-the-supreme-court-s-standing-jurisprudence

https://www.justice.gov/opa/media/1446141/dl?inline

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