From Wikipedia, the free encyclopedia
In the United States, a citizen suit is a lawsuit by a private citizen to enforce a statute.[1] Citizen suits are particularly common in the field of environmental law.[2]
Citizen suits come in three forms.
First, a private citizen can bring a lawsuit against a citizen, corporation, or government body for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act (CWA) for illegally polluting a waterway.
Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-discretionary duty. For example, a private citizen could sue the Environmental Protection Agency for failing to promulgate regulations that the CWA required it to promulgate.
In a third, less common form, citizens may sue for an injunction to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste, regardless of whether or not the defendant’s conduct violates a statutory prohibition. This third type of citizen suit is analogous to the common law tort of public nuisance.[3] In general, the law entitles plaintiffs who bring successful citizen suits to recover reasonable attorney fees and other litigation costs.[4]
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