Consumer Law

Waxman-Markey Climate Bill May Breathe Life into ?Citizen Suits?

By Andy Hoffman

Good news, civil justice fans!  Just as the EPA is finally admitting that greenhouse gases "endanger the public health and welfare of current and future generations,"  Congress has introduced an exciting new bill aimed at doing something about them. 

The 648-page ?discussion draft,? which is sponsored by Rep. Henry Waxman (D-CA)  and Rep. Edward Markey (D-Mass.) is far too long analyze on our humble blog, but we will note that it contains a tiny, but important provision which amends the Clean Air Act to help shore up a citizen?s right to sue if s/he ?has suffered, or reasonably expects to suffer? harms caused by air pollution, including greenhouse gases. (See Sec. 336 of the bill.)

Of course, corporate friendly/anti-civil justice zealots like the U.S. Chamber of Commerce are busting out their usual, Chicken Little-esque arguments in opposition of the bill, and in particular, its ?citizen suit? provision.  But the fact is, citizens have long been able to sue to enforce environmental laws?and that?s a good thing, because the EPA hasn?t always done the best job protecting us.

In fact, the EPA?s failures are not altogether different from those of the Food and Drug Admimistration  and the U.S. Supreme Court has already said that drug industry lawsuits provide a critical supplement to that agency?s ability to function. 

Unfortunately, some other Supreme Court decisions have raised questions about the clarity of environmental ?citizen suit? provisions  based on new interpretations of environmental laws (see here and here), so the need for Congress to make clear its support for ?citizen suits? could not be more compelling. 

In any case, here?s to Congressmen Waxman and Markey for squeezing the citizen suit provision into their climate bill?and most importantly, here?s hoping that it helps save the planet.

Full post as published by ThePopTort on April 21, 2009 (boomark / email).