The citizen suite in regards to environmental acts, regulations and the Resource Conservation and Recovery Act is an essential tool in regulating impacts on the environment, public health, and the health of the wildlife. If used properly it can be an essential weapon for the public to keep companies, organizations, individuals, and even federal agencies in check. Citizen suits should not be taking lightly though, as it takes a great deal of time, research, and patience in trying to win a citizen suit case. The Resource Conservation and Recovery Act provision 7002, 42 U.S.C Section 6972 states a civil action may be taken (B) against any person, including the United States and any other governmental instrumentality or agency, to the extent …show more content…
The provision 7002 section 42 U.S.C 6972 (b)(1)(A)(i-iii) states that there can be no action taken prior to the 60 days after the notice of the violation has been given to the administrator, the stated in which the alleged violation occurred, to any alleged violator in regards to such permit, regulation, and standard. (42 U.S. Code 6972 - Citizen Suits) Under the same provision in (a) (1) (b) not action can be taken prior to 90 days. (Strang, C. E.) In order to make sure that the citizen is not rejected, the plaintiff should provide a detailed notice. The plaintiff should include a “diligent prosecution bar” to make sure the citizen suit is not precluded by the government. “The first step is a comparison of the facts and related violations alleged in a citizen’s complaint with those alleged in the state’s complaint.” (CITIZEN ENFORCEMENT OF ENVIRONMENTAL LAWS) The alleged violation cannot be the same as the states or the EPA’s or the citizen suit could be precluded. This goes back to the notice requirement and the time frame given to both the alleged offender and the state and EPA. The state and EPA during that time decides whether to a take action on the case or not. “The second step, the diligent prosecution analysis, is triggered only with respect to matching facts and violations. “Diligent prosecution” is only a bar to a citizen suit for the precise same claims that have been “prosecuted,” and
Plaintiffs assert that Defendants’ chemical land farming operation near their homes that are polluting the air violates Subtitle C of the Resource Conservation and Recovery Act 42 and Section 112 of the Clean Air Act. Plaintiffs contend that these human rights violations are demonstrated by the fact that, (1) the Defendants failed to operate their pollution control equipment and (2) the Defendants did not acquire a permit from the United States Environmental Protection Agency or the Louisiana Department of Environmental Quality to store hazardous waste in Alsen, Louisiana.
The citizen suit provision of the Clean Water Act is an important tool to protect and improve rivers, creeks, streams, and wetlands especially as state agencies may not have the resources to conduct regular water quality monitoring on every water body. Citizen involvement in monitoring and reporting pollution problems is key to watershed protection; hereby helping the government enforce the laws.
"Groups Petition U.S. Environmental Protection Agency for Water Quality Standard in Appalachia to Protect Communities from Mountaintop Removal Mining Po
Bullard – 5 principles towards environmental justice: “guaranteeing the right to environmental protection, preventing harm before it occurs, shifting the burden of proof to the polluters, obviating proof of intent to discriminate, and redressing existing
A2: It has been acceptable to violate the constitution when engaging in wars with other countries or your own.
The Clean Air Act was the first major environmental law in the United States to include a provision for citizen suits. Numerous state and local governments have enacted similar legislation, either implementing federal programs or filling in locally important gaps in federal
Environmental Protection Agency and the Department of Energy. Those violations, she said, have taken two forms: long-term disregard for indigenous land rights and a "bureaucratic disregard for consultation with indigenous people."
A neighborhood group called NICE is utilizing the principles of common law-private and public nuisance and trespass- to bring attention to the problem of air, ground, and water pollution which is occurring on adjoining land to the Northfield Dairy Farm. This farmland is very expansive and requires much manure to ensure the land is kept moist and ready for the crop growth and development. The plaintiff or complainant is a man named Sam Anxious who is tired of having a horrible aroma, as he calls it, floating over his land and
to obtain an administrative hearing from the EPA, the Sacketts sued the EPA to petition against
This movement is centered around two issues which are the, “siting and expansion of hazardous and undesirable facilities in poor and minority communities and the effort to remediate, relocate, and/or pay damages to members of poor and minority communities affected by pollution.” (Allen 2007).
Environmental justice “is the fair treatment and meaningful involvement of all people regardless of race, color, national origin, or income with respect to the development, implementation, and enforcement of environmental laws, regulations, and policies” (www.epa.gov.). The case of Navajo-Hopi Struggle to Protect the Big Mountain Reservation provides evidence of an environmental justice framework.
There are two types of nuisance claims, private and public. Private nuisance is a nontrespassory invasion of another’s interest in the private use and enjoyment of land. Nuisance requires interference of the Plaintiff for the right to use and enjoy their land. Also, private nuisance requires harm for liability. In relation to the first project, the Keith Family can claim private nuisance because the toxic substance leaching into their well does unreasonably interfere with their right to enjoy their well. In addition to this, the leaching into their well caused irreparable brain damage (harm) to the children of the Keith Family. In regards to the second project, it is assumed that the gasoline leak did not extend to the property owned by the Keith Family (as explained in the above paragraph). If the gasoline leak did touch the Keith’s property, the leak must have been a harm that is serious and the financial burden of compensating for this and similar harm to others would not make the continuation of the conduct not feasible. It may be considered unreasonable because it did cause the Keith Family’s revenues
The role of the EPA from its inception to current mission is to ensure that all Americans are protected from significant risks to human health and the environment where they live, learn and work, national efforts to reduce environmental risk are based on the best available scientific information, federal laws protecting human health and the environment are enforced fairly and effectively, environmental protection is an integral consideration in U.S. policies concerning natural resources, human health, economic growth, energy, transportation, agriculture, industry, and international trade, and these factors are similarly considered in establishing environmental policy, all parts of society -- communities, individuals, businesses, and state,
If the Jewelmer Corporation donates 20% of their revenue to the community and is actively involved in fostering community projects, then they are actively trying to develop the community and promote sustainable use of natural resources. The Jewelmer Corporation is trying to develop the community and promote sustainable use of natural resources. Furthermore if a right is a right, it must satisfy Nickel’s 8 characteristics of humans. One of said characteristics is that “Human rights are minimal standards. They are concerned with avoiding the terrible rather than with achieving the best” (Nickel 2003). Without the Jewelmer Corp, the community faces the tragedy of the commons. Because people in the tribe act in their own interest and participate in cyanide and dynamite fishing, they deplete the once abundant fishing grounds and destroy the surrounding coral reefs. If the issue is left unfettered, it is likely that the fishing grounds will be depleted by these destructive fishing methods. The company is navigating the community away from this fate by enforcing bans on fishing in certain areas within their leased property. While it is detrimental to the tribe in the short term, the long term sustainability outweighs the cost. In addition to promoting sustainability, the Jewelmer Corporation was granted the rights to the land by a governmental executive (Hassoun, 2014). If the company was granted property rights to a certain parcel of land, than the company has ultimate say over how the land is used. Therefor the company has final say over how the land is used and can enforce fishing bans. What’s more, if it is the case that the company was granted rights to the land by the government, than they are exercising the second characteristic of a Human Right which
The Natural Resources Defense Council (NRDC) utilizes a number of technologies to bring global environmental issues to the forefront. Beyond its web presence on www.NRDC.org, the organization is also very active on social media. Its social media campaigns reach a large audience and encourage worldwide participation in environmental campaigns. To date, the NRDC tweeted environmental concerns nearly 56,000 times, which helped it acquire over 207,000 Twitter followers (Natural Resources Defense Council, n.d.). The organization also operates a YouTube channel, called NRDflix, where it publishes videos on environmental topics. Video content on NRDflix has logged over 42 million views to date, and the channel has nearly 20,000 subscribers (NRDflix,