While many are legitimate and have resulted in social benefit, many are not and are field primarily for money for the filing organization, which this report examines.
An excerpt.
Environmental Bounty-Hunting
How Earthjustice and other green groups abuse the legal system.
BY BRUCE L. BENSON Wednesday, August 9, 2006 12:01 a.m. EDT
Private prosecution of crimes has a long and sordid history, and that history isn't over. Bounty hunters no longer hound innocent people to death as some did in England in the mid-18th century, but environmental groups such as the Natural Resources Defense Council have modified the tactic. They use "citizen suits" to reap rich rewards for themselves with little positive impact on the environment.
Most federal environmental statutes allow citizens to sue individuals or companies for violating the laws. Indeed, from 1993 to 2002, more than 75% of all environmental federal court decisions started as citizen suits, reports James May. Writing the Widener Law Review, he concludes that citizen suits are "the engine that propels the field of environmental law."
But most of these suits are brought by environmental organizations, not individuals, and most of the filings don't end in a court decision; they end in settlements. From 1995-2002, there were 4,438 notices of intent to sue under four environmental statutes--6.6 times more than actual federal court decisions in citizen suits. Presumably most of the others were settled.
Why the settlements?
My research [at http://www.perc.org/ ] indicates a clear and compelling reason: settlements bring in money environmental groups can use to pursue other goals. Although statistics are hard to come by, most citizen suits appear to be filed under the Clean Water Act and the Resource Conservation Recovery Act (RCRA). Provisions in these laws enable citizen prosecutors to craft settlements that compensate them generously for legal costs (amounts well above actual costs) and that channel funds into pet environmental projects (called "supplemental environmental projects.")
