February 09, 2021 ENVIRONMENT, ENERGY, AND RESOURCES LAW

The Limits of Citizen Environmental Litigation

David E. Adelman and Robert L. Glicksman

Litigation by individuals and nongovernmental organizations against regulated entities and government agencies has always been an important component of modern environmental law. This article seeks to examine the role played by citizen environmental litigation, based on an empirical analysis of citizen litigation between 2001 and 2016 under the National Environmental Policy Act (NEPA) and the Endangered Species Act (ESA), as well as general litigation trends under the Clean Water Act (CWA), the National Forest Management Act (NFMA), and the Marine Mammal Protection Act (MMPA).

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