Time To Reconsider EPA's Citizens Suit Regime

摘要

It's hard to keep up with the barrage of new EPA rules. You've probably read about EPA's new multi-billion dollar rules for electric utilities such as the Mercury and Air Toxics Standards (MATS) and greenhouse gas (GHG) New Source Performance Standards (NSPS), as well as EPA's new (June 2012) proposal for tighter particulate matter (PM) air quality standards. And that's just scratching the surface. even provides attorneys' fees for such plaintiffs from the U.S. Treasury. When EPA believes it will be unable to comply with a judicial deadline, it is forced to seek an extension. The degree to which the court might acquiesce is often dependent upon whether the plaintiffs agree. As a result, citizens' groups often have great bargaining power over the timing - and sometimes even the direction - of EPA's rulemaking.