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Introduction

Over the last several decades, environmental advocates and progressive leaders have expended enormous effort attempting to pass laws that protect air, water, land, and species. But, even the best written laws will not be effective unless they are actually implemented on the ground. At the federal level, most modern environmental statutes include enforcement mechanisms that allow for the active involvement of the public. The most common of these are provisions authorizing citizen suits and public comments on proposed agency actions. The rationale for this public involvement is simply that federal governmental agencies sometimes do not enforce, or even obey, the laws they are charged to uphold.

In 1971, William and Arlene Bryson received a letter from Freeborn County, Minnesota, officials announcing their plans to condemn a portion of the Brysons' 190-acre farm for use as a highway. Part of the farm was a wildlife area, consisting of a natural marsh, three ponds, and relatively diverse plant and animal life. In their role as citizens, the Brysons sued under the Minnesota Environmental Rights Act (MERA), claiming that the proposed condemnation would damage the wildlife area. The Minnesota Supreme Court agreed, calling the marsh "the most ancient of cathedrals," and ordered that construction be halted. The construction was stopped, and the Brysons were victorious, thanks to the Minnesota state citizen suit statute.

Now the conservation community is realizing that to adequately protect our environment we must also pay greater attention to governmental activity at the state and local levels. Without the opportunity for citizen enforcement at the state level, environmental protection will continue to suffer. Although we will remind the government to honor its commitment to serve as the trustee for all of our environmental values, only the public, in the end, can ensure protection of the public’s interests.

This web site offers the tools for you to bring citizen enforcement to your state, including talking points, a fact pack, press coverage, links, and additional background information.

We may have other useful materials on this subject, which are not posted on our web site. Please feel free to contact us at [email protected] or call our office in Madison, Wisconsin, at (608) 252-9800.

If you’ve used this site and found it helpful or, if you have suggestions about how it could be made more helpful, please let us know. Feel free to use the sample bill text included here in your state. If you do, please notify us.