A pillar of environmental enforcement is targeted by Trump
Court Watch
Right-leaning legal activists along with Elon Musk’s artificial intelligence company have brought sweeping challenges against a cornerstone of legal enforcement in the United States: the right of private groups, people and local governments to sue over violations of many major laws.
Their argument, supported by the Trump administration, is that the Constitution reserves tremendous power for the president and federal agencies to decide how — or whether at all — to enforce federal law. They contend Congress should never have handed that power to others through so-called citizen suits that are part of environmental, campaign finance and certain other laws.
Environmentalists say it would be devastating to lose this essential, decades-old tool that is used to impose fines and halt lawbreaking by bad actors. Citizen suits, for example, have extracted millions from heavily polluting oil and gas operations, and ensured that lead pipes in Flint, Michigan, would be removed after its water crisis.
Legal experts say four pending federal cases — one of them filed last week — are moving forward at a time when the conservative majority on the Supreme Court gives opponents of citizen suits a greater chance than ever of success. The hard part for those opponents now is winning early federal cases and creating disagreement between the country’s appeals courts, which may help convince the Supreme Court the issue is important enough for a nationwide ruling.
Back in 2000, a Supreme Court opinion opened the door for that possibility.
“Many of us who worked in this area have been waiting basically 26 years for this shoe to drop,” said Richard Lazarus, a Harvard professor with decades of experience in environmental law.
Lazarus was referring to former moderate Justice Anthony Kennedy’s comments in a Clean Water Act case that citizen suits raised “difficult and fundamental” questions about whether they improperly dilute executive power. The late conservative Justice Antonin Scalia wrote in a dissenting opinion in the same case that citizen suits turn “over to private citizens the function of enforcing the law.” He avoided explicitly saying they were constitutional.
“The court is more like Scalia’s court since he died than it ever was when he was there,” said Lazarus.
He observed that those who lost cases where Scalia dissented are rushing back to today’s court hoping for a more favorable result.
The critical issue for citizen suits is who — the government or private citizens — collects fines and has control. A person filing a citizen suit must tell the government ahead of time. The government can stop the suit if it sufficiently pursues the case itself, but its options are limited and the person suing can stay involved. Citizen suits can force compliance with the law and result in fines, which go to the U.S. Treasury.
Related listings
-
Supreme Court temporarily extends women's access to a widely used abortion pill
Court Watch 05/12/2026The Supreme Court is leaving women's access to a widely used abortion pill untouched until at least Thursday, while the justices consider whether to allow restrictions on the drug, mifepristone, to take effect.Justice Samuel Alito's order Monday allo...
-
Man who sprayed vinegar at Rep. Ilhan Omar during town hall pleads guilty to assault
Court Watch 05/09/2026A man who sprayed vinegar at Democratic U.S. Rep. Ilhan Omar at a town hall meeting in Minneapolis pleaded guilty to assault Thursday in federal court after reaching a deal with prosecutors.Anthony Kazmierczak, 55, is awaiting sentencing.Kazmierczak,...
-
Appeals court rules that Trump's asylum ban at the border is illegal
Court Watch 04/28/2026An appeals court on Friday blocked President Donald Trump's executive order suspending asylum access at the southern border of the U.S., a key pillar of the Republican president's plan to crack down on migration.A three-judge panel from the U.S. Cour...
Victorville CA DUI Lawyers - Drunk Driving Defense Attorney
If you fail a sobriety test or have a blood alcohol level above 0.8%, you are considered to be driving under the influence in which you will be arrested. During this time you will be read your Miranda rights and it is crucial to exercise your right to remain silent. As they say, “anything you say can and will be held against you in court.” The courtroom takes no mercy on drunk drivers and any statement you make during your arrest will only damage your case. The charges you are facing for a DUI range from fines, a 12-month suspension on your license and worst-case scenario, prison time. Your attorney will be able to analyze your situation to decide the best way to go about your case. Our Victorville CA DUI Lawyers attorneys know the tricky ways to challenge all of the DUI tests and know how to claim improper collection of evidence. We will be able to negotiate on your behalf and free you from charges and help you keep your drivers license. The DUI process can last up to several months, we can make this process easier on you.
