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Citizen Suits
In the United States, a citizen suit is a lawsuit by a private citizen to enforce a statute. Citizen suits are particularly common in the field of environmental law. Citizen suits come in three forms. First, a private citizen can bring a lawsuit against a citizen, corporation, or government body for engaging in conduct prohibited by the statute. For example, a citizen can sue a corporation under the Clean Water Act (CWA) for illegally polluting a waterway. Second, a private citizen can bring a lawsuit against a government body for failing to perform a non-discretionary duty. For example, a private citizen could sue the Environmental Protection Agency for failing to promulgate regulations that the CWA required it to promulgate. In a third, less common form, citizens may sue for an injunction to abate a potential imminent and substantial endangerment involving generation, disposal or handling of waste, regardless of whether or not the defendant's conduct violates a statutory p ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Lawsuit
- A lawsuit is a proceeding by a party or parties against another in the civil court of law. The archaic term "suit in law" is found in only a small number of laws still in effect today. The term "lawsuit" is used in reference to a civil action brought by a plaintiff (a party who claims to have incurred loss as a result of a defendant's actions) requests a legal remedy or equitable remedy from a court. The defendant is required to respond to the plaintiff's complaint. If the plaintiff is successful, judgment is in the plaintiff's favor, and a variety of court orders may be issued to enforce a right, award damages, or impose a temporary or permanent injunction to prevent an act or compel an act. A declaratory judgment may be issued to prevent future legal disputes. A lawsuit may involve dispute resolution of private law issues between individuals, business entities or non-profit organizations. A lawsuit may also enable the state to be treated as if it were a private ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clean Air Act (United States)
The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws. As with many other major U.S. federal environmental statutes, the Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments. EPA develops extensive administrative regulations to carry out the law's mandates. The associated regulatory programs are often technical and complex. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air; the National Emissions Standards for Hazardous Air Pollutants program sets standards for emissions of particular hazardous pollutants from specific sources. Other programs create requirements for vehicle ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Surface Mining Control And Reclamation Act Of 1977
The Surface Mining Control and Reclamation Act of 1977 (SMCRA) is the primary federal law that regulates the environmental effects of coal mining in the United States. SMCRA created two programs: one for regulating active coal mines and a second for reclaiming abandoned mine lands. SMCRA also created the Office of Surface Mining, an agency within the Department of the Interior, to promulgate regulations, to fund state regulatory and reclamation efforts, and to ensure consistency among state regulatory programs. Passage SMCRA grew out of a concern about the environmental effects of strip mining. Coal had been mined in the United States since the 1740s, but surface mining did not become widespread until the 1930s. At the end of that decade, states began to enact the first laws regulating the coal mining industry: West Virginia in 1939, Indiana in 1941, Illinois in 1943, and Pennsylvania in 1945. Despite those laws, the great demand for coal during World War II led to coal be ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Comprehensive Environmental Response, Compensation, And Liability Act
Superfund is a United States federal environmental remediation program established by the Comprehensive Environmental Response, Compensation, and Liability Act of 1980 (CERCLA). The program is administered by the Environmental Protection Agency (EPA). The program is designed to investigate and clean up sites contaminated with hazardous substances. Sites managed under this program are referred to as "Superfund" sites. There are 40,000 federal Superfund sites across the country, and approximately 1,300 of those sites have been listed on the National Priorities List (NPL). Sites on the NPL are considered the most highly contaminated and undergo longer-term remedial investigation and remedial action (cleanups). The EPA seeks to identify parties responsible for hazardous substances released to the environment (polluters) and either compel them to clean up the sites, or it may undertake the cleanup on its own using the Superfund (a trust fund) and seek to recover those costs from the ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Resource Conservation And Recovery Act
The Resource Conservation and Recovery Act (RCRA), enacted in 1976, is the principal federal law in the United States governing the disposal of solid waste and hazardous waste.United States. Resource Conservation and Recovery Act. , , ''et seq.,'' October 21, 1976. History and goals United States Congress, Congress enacted RCRA to address the increasing problems the nation faced from its growing volume of municipal and industrial waste. RCRA was an amendment of the Solid Waste Disposal Act of 1965. The act set national goals for: * Protecting human health and the natural environment from the potential hazards of waste disposal. * Energy conservation and natural resources. * Reducing the amount of waste generated, through source reduction and recycling * Ensuring the waste management, management of waste in an environmentally sound manner. The RCRA program is a joint federal and state endeavor, with the U.S. Environmental Protection Agency (EPA) providing basic requirements that ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Clean Air Act 1970
The Clean Air Act (CAA) is the United States' primary federal air quality law, intended to reduce and control air pollution nationwide. Initially enacted in 1963 and amended many times since, it is one of the United States' first and most influential modern environmental laws. As with many other major U.S. federal environmental statutes, the Clean Air Act is administered by the U.S. Environmental Protection Agency (EPA), in coordination with state, local, and tribal governments. EPA develops extensive administrative regulations to carry out the law's mandates. The associated regulatory programs are often technical and complex. Among the most important, the National Ambient Air Quality Standards program sets standards for concentrations of certain pollutants in outdoor air; the National Emissions Standards for Hazardous Air Pollutants program sets standards for emissions of particular hazardous pollutants from specific sources. Other programs create requirements for vehicle fu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Safe Drinking Water Act
The Safe Drinking Water Act (SDWA) is the principal federal law in the United States intended to ensure safe drinking water for the public. Pursuant to the act, the Environmental Protection Agency (EPA) is required to set standards for drinking water quality and oversee all states, localities, and water suppliers that implement the standards. The SDWA applies to every public water system (PWS) in the United States. There are currently over 148,000 public water systems providing water to almost all Americans at some time in their lives. The Act does not cover private wells (in 2020, 13% of US households were served by private wells). The SDWA does not apply to bottled water. Bottled water is regulated by the Food and Drug Administration (FDA), under the Federal Food, Drug, and Cosmetic Act. National Primary Drinking Water Regulations The SDWA requires EPA to establish ''National Primary Drinking Water Regulations'' (NPDWRs) for contaminants that may cause adverse public ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Standing (law)
In law, standing or ''locus standi'' is a condition that a party seeking a legal remedy must show they have, by demonstrating to the court, sufficient connection to and harm from the law or action challenged to support that party's participation in the case. A party has standing in the following situations: * The party is directly subject to an adverse effect by the statute or action in question, and the harm suffered will continue unless the court grants relief in the form of damages or a finding that the law either does not apply to the party or that the law is void or can be nullified. This is called the "something to lose" doctrine, in which the party has standing because they will be directly harmed by the conditions for which they are asking the court for relief. * The party is not directly harmed by the conditions by which they are petitioning the court for relief but asks for it because the harm involved has some reasonable relation to their situation, and the continued exi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Federal Courts
The federal judiciary of the United States is one of the three branches of the federal government of the United States organized under the United States Constitution and laws of the federal government. The U.S. federal judiciary consists primarily of the U.S. Supreme Court, the U.S. Courts of Appeals, and the U.S. District Courts. It also includes a variety of other lesser federal tribunals. Article III of the Constitution requires the establishment of a Supreme Court and permits the Congress to create other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent of the Senate to serve until they resign, are impeached and convicted, or die. Courts All federal courts can be readily identified by the words "United States" (abbreviated to "U.S.") in their official names; no state court may include this designation as part of its name. The federal courts are generally divided between trial ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Fair Housing Amendments Act
A fair (archaic: faire or fayre) is a gathering of people for a variety of entertainment or commercial activities. Fairs are typically temporary with scheduled times lasting from an afternoon to several weeks. Types Variations of fairs include: * Art fairs, including art exhibitions and arts festivals * County fair (USA) or county show (UK), a public agricultural show exhibiting the equipment, animals, sports and recreation associated with agriculture and animal husbandry. * Festival, an event ordinarily coordinated with a theme e.g. music, art, season, tradition, history, ethnicity, religion, or a national holiday. * Health fair, an event designed for outreach to provide basic preventive medicine and medical screening * Historical reenactments, including Renaissance fairs and Dickens fairs * Horse fair, an event where people buy and sell horses. * Job fair, event in which employers, recruiters, and schools give information to potential employees. * Regional or state fair, an ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Americans With Disabilities Act
The Americans with Disabilities Act of 1990 or ADA () is a civil rights law that prohibits discrimination based on disability. It affords similar protections against discrimination to Americans with disabilities as the Civil Rights Act of 1964, which made discrimination based on race, religion, sex, national origin, and other characteristics illegal, and later sexual orientation and gender identity. In addition, unlike the Civil Rights Act, the ADA also requires covered employers to provide reasonable accommodations to employees with disabilities, and imposes accessibility requirements on public accommodations. In 1986, the National Council on Disability had recommended the enactment of an Americans with Disabilities Act (ADA) and drafted the first version of the bill which was introduced in the House and Senate in 1988. A broad bipartisan coalition of legislators supported the ADA, while the bill was opposed by business interests (who argued the bill imposed costs on bu ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Tulane Environmental Law Clinic
The Tulane Environmental Law Clinic (TELC) is a legal clinic that Tulane Law School has operated since 1989 to offer law students the practical experience of representing real clients in actual legal proceedings under state and federal environmental laws. Mission TELC's mission is to 1) train effective and ethical lawyers by guiding law students through actual client representation; 2) expand access to the legal system, especially for those who could not otherwise afford competent legal help on environmental issues; and 3) bolster community members' capacity to participate effectively in environmental decisions. TELC is part of Tulane University School of Law's environmental law program and has become one of Louisiana's premier public interest legal services organizations, known especially for its work on environmental justice issues. On behalf of their clients, TELC students and supervising attorneys litigate environmental citizen suits to abate industrial pollution, appeal permi ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
