Environmental Citizens’ Suit Defense: Preparing for "Private Attorneys General" in the Trump Administration
Tuesday, February 7, 2017 | 12:00 - 1:00 p.m. CT; 1:00 - 2:00 p.m. ET; lunch served at 11:30 a.m. CT, 12:30 p.m. ET | Houston, TX
Broadcast from V&E's Houston office to our Austin, Dallas, New York, and Washington offices. The program is also available via webcast/teleconference.
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As the Trump Administration advances its agenda, several environmental NGOs will look to make good on their pledge to rely on citizen suit statutes to accomplish their public policy priorities. These
groups hope to achieve judicial rulings on environmental theories that may not
be endorsed by either the legislative or executive branches, while also being
reimbursed for their efforts. Risk factors include community relations
challenges, publicized environmental incidents, and the misfortune of operating
facilities in judicial districts with courts deemed likely to more favorably
consider their claims.
It is important for a company to be prepared and react
strategically if it becomes the target of such a suit. The initial actions
taken by a recipient of a notice of intent to sue under the citizen suit
provision of an environmental statute are critical to the company’s ability to
dictate the direction of the dispute.
In this presentation, we provided a brief overview of the citizen suit provisions in various environmental statutes, described the range of usual outcomes for cases brought under them, and described strategies for responding to citizen suit risk, from prevention of their filing in the first instance, to their disposition by motion, and all the way to trial, if necessary.
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