Private Enforcement of U.S. Environmental Laws: Standing Challenges Amid Divergent Circuit Court Rulings

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


Conducted on Wednesday, November 15, 2017

Recorded event now available

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Program Materials

This CLE webinar will discuss changing EPA enforcement priorities under the new administration, the role of private enforcement actions in responding to those changes, and the procedural challenges for private plaintiffs to pursue private actions. The program will focus on recent appellate court decisions, particularly the U.S. Supreme Court’s 2016 decision in Spokeo Inc. v. Robins, and the impacts of these decisions on citizen suit litigation and how parties can use different procedural strategies to defend against those actions.

Description

Shifts in EPA enforcement priorities may provide incentives for more non-governmental organizations to increase enforcement efforts under the citizen suit provisions of federal environmental law.

One of the more significant hurdles facing private plaintiffs is establishing standing to bring a private enforcement action. Recent appellate court decisions after the Supreme Court’s 2013 decision in Clapper v. Amnesty Int’l USA, and 2016 decision in Spokeo Inc. v. Robins decision illustrates the standing challenges for private plaintiffs.

Spokeo made it harder for plaintiffs to bring cases where they cannot demonstrate actual harm. Plaintiff and defense counsel must understand the impact of Spokeo and subsequent lower court rulings on Article III standing and develop approaches to pursue or overcome Article III challenges in citizen suits under federal environmental laws.

Listen as our panel of environmental attorneys discusses the changing nature of EPA enforcement priorities and the growing importance of private enforcement activities. The panel will focus on standing requirements that must be met by plaintiffs bringing private enforcement cases and how defendants can exploit those and other procedural requirements in mounting a credible defense to private enforcement claims.

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Outline

  1. Current EPA enforcement priorities and their impact on private plaintiff citizen suits under federal environmental laws
  2. Standing after Spokeo Inc. v. Robins and other recent lower court decisions
  3. Defense arguments base on standing and other procedural remedies in environmental cases

Benefits

The panel will review these and other key issues:

  • Current EPA enforcement priorities and impact on private plaintiff citizen suits under federal environmental laws
  • Impact of Spokeo and subsequent lower court rulings on Article III standing in citizen suits under federal environmental laws
  • Defense arguments based on standing and other procedural issues in environmental citizen suits

Faculty

Haroff, Kevin
Kevin T. Haroff

Partner
Marten Law

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

Chermak, Douglas
Douglas J. Chermak

Lozeau | Drury

Mr. Chermak practice concentrates on environmental law, with a focus on water quality and the Clean Water Act. Prior to...  |  Read More

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