Trends in Environmental Liability Judgments against Small Enterprises and the Apparent Ramifications for Federal and State Regulatory Agencies

摘要

The report identifies the trends in environmental liability judgments against small enterprises and the apparent ramifications for Federal and state regulatory agencies. The remedies available to non-governmental parties when small businesses cause damage to the environment are examined. Use of the citizen suit provision of the Clean Water Act is discussed in detail, and similar provisions of other environmental statutes are discussed, as well as common law actions. Most citizen suits have been brought by environmental groups and in some geographic areas there have been many suits filed. The environmental groups almost always win; some of the suits have resulted in significant improvements in some areas. While these actions may provide relief for government agencies in some places, most agencies would see little if any reduction in their work load. (Occasionally, the government must monitor the citizen suits closely, which might actually increase their work load.) Most cases against small businesses are unreported, but there does not appear to be any difference in treatment based on the size of the offending business.