September 20 - Health and Environment
When the Sheriff Arrives: Effective Municipal Defense of Private “Citizen Suits” under Federal Environmental Statutes (Clean Water and Clear Air Actions)
CLE processing upon request for Kitchen Sink Subscribers Only.
The changing regulatory, enforcement and permitting standards surrounding the EPA and “Delegated States” implementation of the Clean Water and Clean Air Acts [“Acts”] have repercussions for municipal practitioners. If regulatory parameters and enforcement are curtailed through administrative policy or decision making, the result may be a plethora of new or revival of existing private “citizen” suits allowed under these Acts. This program will introduce municipal practitioners to the private enforcement provisions of these acts and the subject matter jurisdiction courts have to maintain suits. The procedures, requirements and essential elements for successful and sustainable citizen suits will be discussed. The procedural requirements of the Acts and “traps for the unwary” will be outlined. Essential affirmative defenses, litigation strategies and case assessment will be taught using real suits.
1. Participants will understand the subject matter jurisdiction of the courts and administrative agencies under the citizen suit provisions of the Acts.
2. Participants will understand procedural and substantive prerequisites for citizen suits, and how to use Plaintiff missteps in compliance with the Acts detailed requirements to sustain dispositive motion practice.
3. Participants will learn the most effective defenses to proffer in response to a citizen suit.
4. Participants will learn how to develop case valuation and assessment in response to these complex actions.
Speakers: Steven "Tip" Torres & Jillian Jagling
Click here to view the speakers' bios.