Sentences with phrase «act citizen suit»

As local counsel - defended client against a Clean Air Act citizen suit involving preconstruction permit requirements under the New Source Review program.

Not exact matches

This access was later enshrined in the form of citizen suit provisions written into many of the environmental laws passed in the 1970s (legal scholars have long disagreed as to the whether and to what extent the ’65 decision influenced the crafting of the National Environmental Policy Act of 1969).

Thackeray, R.W., 2004: Struggling for air: The Kyoto Protocol, citizen's suits under the Clean Air Act, and the United States Options for Addressing Global Climate Change.

«Every person who, under color of any statute, ordinance, regulation, custom, or usage, of any State or Territory or the District of Columbia, subjects, or causes to be subjected, any citizen of the United States or other person within the jurisdiction thereof to the deprivation of any rights, privileges, or immunities secured by the Constitution and laws, shall be liable to the party injured in an action at law, suit in equity, or other proper proceeding for redress, except that in any action brought against a judicial officer for an act or omission taken in such officer's judicial capacity, injunctive relief shall not be granted unless a declaratory decree was violated or declaratory relief was unavailable.»

penalizes the defendant for engaging in public participation «plaintiff» means a person who initiates or maintains a proceeding against a defendant; «proceeding» means any action, suit, matter, cause, counterclaim, appeal, or originating application that is brought in the Supreme Court or the Provincial Court, but does not include a prosecution for an offence or a crime; «public interest» means the whole of the subject matter invites public attention, or a matter in which the public has some substantial concern because it affects the welfare of citizens, or one to which considerable public notoriety or controversy has attached; «public participation» means communication or conduct aimed at influencing public opinion, or promoting further lawful action by the public or any government body, in relation to an issue of public interest; «Strategic Lawsuit Against Public Participation (SLAPP)» means a claim that arises from a form of expression or public participation, by the person against whom the claim is asserted that was made in connection with an official proceeding or about a matter of public interest; Purposes of this Act: 2 The purposes of this Act are to a) Establish a statutory right to public participation for every individual; b) Encourage individuals to express themselves on matters of public interest; c) Promote broad participation in debates on matters of public interest; d) Discourage the use of litigation as a means of unduly limiting expression on matters of public interest; and, e) Preserve the right of access to the courts for all proceedings and claims that are not brought or maintained for an improper purpose.

Among other areas, our litigation experience in the environmental area includes governmental and private - party actions under CERCLA (including serving as lead counsel for PRP groups at major Superfund sites throughout the United States), citizen suits under RCRA, the Clean Water Act and other environmental laws, claims for property damage and personal injury arising from industrial emissions or environmental contamination, and defending clients against state and federal governmental enforcement actions.

Obtained favorable settlement for manufacturer in environmental citizen suit brought pursuant to the Clean Air Act in Western District of Arkansas.

Defended a food industry client in a citizen suit in California alleging Clean Water Act violations of pre-treatment standards; and

Krista deBoer has extensive experience in environmental litigation, regulatory enforcement actions and administrative matters involving tort claims, cleanup and abatement orders under the California Water Code, CERCLA allocation and cost - recovery, RCRA site closures, citizen suits under the Endangered Species Act, and CEQA

H.R. 3131, the «Endangered Species Litigation Reasonableness Act», (Rep. Bill Huizenga), would conform ESA citizen suits to other existing laws.