Efficacy of Citizen Suits Against Energy Polluters in the USA

Energy production is all but a necessity in the modern world. The energy needs of the USA are largely met by coal-fired plants. These operations generate significant amounts of waste. In attempting to resolve environmental harms from these enterprises, citizens in the USA are able to bring the matter before the courts, but how effective are such lawsuits? Dozens of cases have come before the courts, and commentators publish on the state of the law regarding environmental statutes and their interpretation. This paper specifically describes three major statutes—the Clean Air Act, the Clean Water Act, and the Resource Conservation and Recovery Act—and studies how citizen suits fared in the courts. Ultimately, it concludes that the statutes’ provisions, which preserve the right to common law remedies available to citizens against environmental polluters, may be the most effective part of each statute in protecting the environment.