Despite New Attacks, Citizen Suits Are Constitutional
By William Droze and Viktoriia De Las Casas ( August 27, 2020, 3:29 PM EDT) -- A recent amicus curiae filing in a high-profile Michigan Clean Air Act case targets an important aspect of environmental law — citizen suit provisions — and whether they run afoul of constitutional principles. In U.S. v. DTE Energy et al.,[1] a Michigan district court is considering arguments of two law professors who question whether citizen suits invade executive powers....
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