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Issues > Citizen Suits > Introduction |
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Introduction
Over the last several decades, environmental advocates and progressive
leaders have expended enormous effort attempting to pass laws that
protect air, water, land, and species. But, even the best written
laws will not be effective unless they are actually implemented
on the ground. At the federal level, most modern environmental statutes
include enforcement mechanisms that allow for the active involvement
of the public. The most common of these are provisions authorizing
citizen suits and public comments on proposed agency actions. The
rationale for this public involvement is simply that federal governmental
agencies sometimes do not enforce, or even obey, the laws they are
charged to uphold. |
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In 1971, William and Arlene Bryson
received a letter from Freeborn County, Minnesota, officials
announcing their plans to condemn a portion of the Brysons'
190-acre farm for use as a highway. Part of the farm was a wildlife
area, consisting of a natural marsh, three ponds, and relatively
diverse plant and animal life. In their role as citizens, the
Brysons sued under the Minnesota Environmental Rights Act (MERA),
claiming that the proposed condemnation would damage the wildlife
area. The Minnesota Supreme Court agreed, calling the marsh
"the most ancient of cathedrals," and ordered that
construction be halted. The construction was stopped, and the
Brysons were victorious, thanks to the Minnesota state citizen
suit statute. |
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Now the conservation community is realizing that to adequately
protect our environment we must also pay greater attention to governmental
activity at the state and local levels. Without the opportunity
for citizen enforcement at the state level, environmental protection
will continue to suffer. Although we will remind the government
to honor its commitment to serve as the trustee for all of our environmental
values, only the public, in the end, can ensure protection of the
public’s interests.
This web site offers the tools for you to bring citizen enforcement
to your state, including talking points, a fact pack, press coverage,
links, and additional background information.
We may have other useful materials on this subject, which are not
posted on our web site. Please feel free to contact us at info@serconline.org
or call our office in Madison, Wisconsin, at (608) 252-9800.
If you’ve used this site and found it helpful
or, if you have suggestions about how it could be made more helpful,
please let us know. Feel free to use the sample bill text included
here in your state. If you do, please notify us. |
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