Bill Text
A good citizen suit bill should:
- Define “environment” and “natural resources” to include wildlife
and habitat, or “biodiversity.” By utilizing such a definition,
the protection of plants, animals, and habitat will be bolstered,
and the ecosystems upon which they depend will also be better
protected. By including wildlife, habitat, and natural processes
in the definition of “resources,” the ability of citizen suits
to help protect the environment will be enhanced considerably.
- Contain a provision authorizing the award of costs and attorneys’
fees if the citizen wins. Without such a provision, individuals
and grassroots organizations may be deterred from filing a needed
lawsuit because of limited resources. In the case of a citizen
suit, the citizen is, in effect, acting as an attorney general
with salaried attorneys to carry out enforcement. It does not
make sense for citizens not to be able to recoup attorneys’ fees
if they are successful in enforcing an environmental law that
should have been enforced by the government itself.
- Allow for suits against any and all parties. By restricting
these actions to only those against governmental entities, an
entire segment of violators may go unchecked. And, all forms of
civil relief should be available, rather than simply equitable
relief to stop an action. Money damages need to be available as
an option to begin restoring our damaged ecosystems. True equity
demands nothing less.
Bill Text
The following is a proposed model for an environmental citizen
suit statute. This bill was developed by Defenders of Wildlife and
seeks to address the lack of citizen enforcement capabilities in
many states.
(1) Each person, including future generations, has the right to
a healthful environment. Each person may enforce this right against
any party, government or private, through appropriate legal proceedings,
including declaratory and equitable relief, civil penalties, and
restoration damages, to protect the environment from unreasonable
pollution, impairment, or destruction.
(2) “Environment” includes, but is not limited to, all the state’s
natural resources including land, air, and water resources, and
plant and animal species and the habitat upon which they depend.
(3) The court may award the full costs of litigation, including,
but not limited to, reasonable fees of expert witnesses and attorneys,
to the plaintiffs should they prevail.
(4) This Act is supplementary to existing rights and procedures
provided by law. |
