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Defending Against Citizen Suits Under Environmental Laws

Notice, Standing, Jurisdiction, Settlements and More Under RCRA, CERCLA, CWA and CAA

Recording of a 90-minute CLE webinar with Q&A

This program is included with the Strafford CLE Pass. Click for more information.
This program is included with the Strafford All-Access Pass. Click for more information.

Conducted on Thursday, September 19, 2019

Recorded event now available

or call 1-800-926-7926

This CLE course will provide guidance on procedural and strategic challenges for counsel defending environmental citizen suits under federal law. The panel will examine recent developments that impact citizen suits and provide best practices to manage your clients' risks when facing citizen suits.


Federal environmental laws provide an avenue for citizens to separately enforce environmental laws and permits when they believe governmental agencies haven't taken timely action. With less aggressive government enforcement, private individuals or groups step in to enforce environmental laws.

Environmental defense counsel must prepare to overcome procedural and strategic challenges in citizen suits. To prevail in a citizen suit, counsel must carefully navigate challenges from stringent notice requirements to fee provisions and costs incurred and sought.

Recent court decisions and EPA actions impact how counsel and parties involved in citizen suits proceed.

Listen as our panel of experts examines citizen suit litigation from initial notice to final resolution and also discusses recent developments in the law that impact citizen suits. The panel will provide best practices to minimize the risks of being hit with a citizen suit.



  1. Litigation issues
    1. Notice
    2. Standing
    3. Jurisdiction
    4. Remedies
    5. Settlement
  2. Recent developments impacting citizen suits
    1. Court decisions
    2. EPA actions
  3. Parallel state proceedings
  4. Best practices to minimize the risk of citizen suits


The panel will review these and other high priority issues:

  • Utilizing court-tested litigation defense tactics to prevail on notice and standing in environmental citizen suits
  • Arguing jurisdictional issues by relying on and differentiating recent EPA actions and court rulings
  • Guiding clients in developing proactive procedures and policies to avoid the risks of citizen suits
  • Settling with state or federal agencies in order to preempt citizen suits


Haroff, Kevin
Kevin T. Haroff

Marten Law

Mr. Haroff is a highly regarded litigator with significant expertise and experience in complex environmental matters....  |  Read More

Spaulding, Paul
Paul P. (Skip) Spaulding, III

Farella Braun + Martel

Mr. Spaulding has more than 25 years of environmental litigation, permitting and counseling experience. He represents...  |  Read More

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