STOP SWINGING FOR THE FENCES!: AN ARGUMENT FOR CITIZEN INTERVENTION IN CWA ENFORCEMENT ACTIONS

Abstract

In the spring of 2008, the 4th and 5th Circuits each ruled on cases concerning citizen suits brought pursuant to the Clean Water Act (“CWA”). These two cases, decided only a month apart, dealt with CWA citizen suits that were barred due to enforcement of various governmental agencies. In both cases, the plaintiffs could have intervened in the agency’s enforcement, but instead the plaintiffs chose to take a more difficult route in an attempt to achieve a more severe judgment against the alleged CWA violators. In short, the plaintiffs swung for the fences and struck out, when they could have pursued their interests more effectively by hitting a sacrifice fly and opting for intervention. About one year prior to these decisions, the Sierra Club intervened in a CWA action, dramatically altering the outcome of the litigation, and received attorneys’ fees for their efforts.

How to Cite

. STOP SWINGING FOR THE FENCES!: AN ARGUMENT FOR CITIZEN INTERVENTION IN CWA ENFORCEMENT ACTIONS. Utah Environmental Law Review, [S.l.], v. 29, n. 2, aug. 2009. Available at: <https://epubs.utah.edu/index.php/jlrel/article/view/159>. Date accessed: 02 jan. 2025.

Citation Formats

Issue

Vol 29 No 2 (2009)

Section

Notes

�

Authors who publish with this journal agree to the following terms:

�

Authors retain copyright and grant the journal right of first publication with the work simultaneously licensed under a Creative Commons Attribution License that allows others to share the work with an acknowledgement of the work's authorship and initial publication in this journal.

�

Authors are able to enter into separate, additional contractual arrangements for the non-exclusive distribution of the journal's published version of the work (e.g., post it to an institutional repository or publish it in a book), with an acknowledgement of its initial publication in this journal.

�

Authors are permitted and encouraged to post their work online (e.g., in institutional repositories or on their website) prior to and during the submission process, as it can lead to productive exchanges, as well as earlier and greater citation of published work (See The Effect of Open Access).