Also known as: citizen suits · citizens' suit
Written by attorneys · grounded in primary & secondary sources — see below
An action brought by a private citizen under a statute authorizing suits against violators of the law. The plaintiff typically seeks injunctive relief or civil penalties payable to the government treasury. A federal plaintiff must also satisfy constitutional standing requirements.
Charlotte Chung files a citizen suit under a federal environmental statute alleging that the government has failed to enforce reporting requirements against all regulated facilities nationwide. She identifies no particular harm to herself or her property. The court dismisses the action because her asserted interest amounts to a generalized grievance shared equally by all citizens.
Catherine Carter sends a citizen suit notice to a chemical plant operator alleging ongoing violations of hazardous-chemical inventory rules. She files the complaint only thirty days later. The court dismisses the action because the statute requires sixty days' notice before suit may proceed.
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Craig Caldwell brings a citizen suit challenging the government's failure to publish certain agency expenditures as required by statute. He alleges only his status as a taxpayer with an interest in lawful government accounting. The court holds that this undifferentiated interest does not confer standing.
Caleb Chang, a member of an environmental group, files a citizen suit against a manufacturing facility for repeated permit violations that continue to affect a nearby river. The court finds standing because the violations are ongoing and the requested injunctive relief would redress the group's members' injuries.
Carmen Choi, representing a coastal state, joins a citizen suit against a federal agency for failing to regulate greenhouse-gas emissions that contribute to rising sea levels. The court recognizes the state's standing because the harm is particularized to its coastline and the requested relief would provide redress.
Charles Cunningham files a citizen suit against a state agency for past hazardous-waste violations at a state-owned facility. The court dismisses the damages portion of the claim because sovereign immunity bars retrospective monetary relief against the state.
Yes. Even when a statute authorizes citizen suits, Article III requires the plaintiff to show an injury in fact that is concrete and particularized rather than a generalized grievance shared by all citizens.
No. Congress may authorize citizen suits, but it cannot confer Article III standing when the plaintiff lacks a concrete and particularized injury.
Many environmental statutes impose a sixty-day notice requirement before a citizen suit may be filed. Failure to provide the required notice results in dismissal.
A citizen suit seeking injunctive relief for wholly past violations is moot once the violations cease and there is no reasonable likelihood of recurrence.
…those limitations if, at the behest of Congress and in the absence of any showing of concrete injury, we were to entertain citizen suits to vindicate the public's nonconcrete interest in the proper administration of the laws. While it does not matter how many persons have been injured by the challenged action, the party…