The Clean Water Act: How Barring Citizen Suits Leaves Those Most Affected by Environmental Violations Without Justice

Abstract

This Note will discuss the provisions present in the Clean Water Act that bars citizen suites when the State or Agency begins litigation against a violator. This issue is compounded when the violator is the State or a State official because the statute is the only means by which a citizen may sue the State or State official. Additionally, the Supreme Court has further limited citizen suits in regards to the Clean Water Act by carving out specific requirements for such actions. This Note will argue that States must be held more accountable to their citizens because the citizens are most vulnerable to environmental violations. By placing obstacles in the way of their right to remedy, the interests of those most susceptible are ignored and their right becomes a fantasy. In order to address the issues faced by citizens this Note will argue that the provision that bars citizen suits must be removed. By eliminating this provision, the citizens will be able to assert their rights without obstacle and place higher responsibility on the State when it violates the Clean Water Act.

Keywords: Clean Water Act, Citizen Suit, Bar, Barring