---
title: "Citizen Suit"
type: Legal Term
source: https://casebriefly.com/legal-terms/citizen-suit
---

# Citizen Suit

A citizen suit provision is a statutory mechanism found in virtually all major federal environmental statutes (including the Clean Air Act Section 304, Clean Water Act Section 505, RCRA Section 7002, and ESA Section 11) that authorizes private parties to bring enforcement actions against violators of environmental laws or against the EPA for failure to perform non-discretionary duties. Before filing suit, the plaintiff typically must provide 60 days' written notice to the alleged violator, the EPA, and the relevant state agency, allowing the government an opportunity to commence its own enforcement action, which can preempt the citizen suit. Citizen suits serve as a critical "private attorney general" enforcement supplement, enabling environmental groups and individuals to hold polluters accountable when government agencies lack resources or political will to enforce. Prevailing plaintiffs in citizen suits may recover attorney's fees and litigation costs, and courts may impose injunctive relief and civil penalties payable to the U.S. Treasury.

## Related Terms

- standing-environmental
- clean-air-act
- clean-water-act
- rcra

## Related Cases

- association-of-pacific-fisheries-v-epa
- american-electric-power-co-v-connecticut

## Example

An environmental nonprofit sent a 60-day notice letter to a factory violating its NPDES permit discharge limits, and when neither EPA nor the state took action, filed a citizen suit under the Clean Water Act seeking injunctive relief and civil penalties.

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Source: [Citizen Suit — CaseBriefly](https://casebriefly.com/legal-terms/citizen-suit)