RCRA Citizen Suits: Climate Change Risk and Expanding Endangerment

Perceptions that the Trump administration has focused on environmental deregulation and reduced enforcement have led to increased private enforcement through environmental citizen suits. The Resource Conservation and Recovery Act (RCRA) has become one of the vehicles of choice for environmental citizen suits, with the use of the RCRA’s endangerment suit provision expanding rapidly as a result. This expansion causes significant uncertainty and exposes entities otherwise in compliance with environmental laws to lawsuits threating substantial penalties and costly injunctive relief.