Environmental non-governmental organizations (eNGOs) looking to develop citizen suits typically first mine publicly available compliance information companies must submit to state and federal environmental agencies.
eNGOs have legal rights under multiple federal environmental statutes to serve as private attorneys general in lieu of a government that is allegedly failing to enforce the law or take non-discretionary actions.
This article discusses ways to prepare for these cases, including understanding the mechanics of federal Freedom of Information Act (FOIA) requests made to the U.S. Environmental Protection Agency (EPA).
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