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 video 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 Tuesday, October 4, 2022

Recorded event now available

or call 1-800-926-7926
Course Materials

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

Description

Federal environmental laws provide an avenue for citizens to separately enforce environmental laws and permits when they believe governmental agencies have not 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.

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Outline

  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

Benefits

The panel will review these and other high priority issues:

  • Utilizing court-tested litigation tactics to prevail on notice and standing in environmental citizen suits
  • Settling with state or federal agencies in order to preempt 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

Faculty

Boer, J. Tom
J. Tom Boer

Partner
Hogan Lovells

With a combined decade of experience working as a trial lawyer at the U.S. Department of Justice (DOJ) Environmental...  |  Read More

Showalter, J. Michael
J. Michael Showalter

Partner
ArentFox Schiff

Mr. Showalter is a litigator focusing on business and public policy disputes. He is well-versed in decades-old statutes...  |  Read More

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