Legal Definitions - citizen suit

A citizen suit is a type of legal action permitted by specific statutes (laws) that allows private citizens or citizen groups to sue individuals, corporations, or even government entities that are violating those laws. These suits are typically brought to enforce public laws, particularly in areas like environmental protection, public health, or government transparency, when government agencies might be slow to act or are perceived as not adequately enforcing the law. The primary goals of a citizen suit are often to obtain an injunction, which is a court order to stop the illegal activity, and sometimes to seek civil penalties.

• Example 1: Environmental Pollution

  A large industrial plant consistently discharges wastewater containing harmful chemicals into a local river, exceeding the limits set by a state's Water Quality Act. Despite numerous complaints from residents, the state environmental protection agency has been slow to investigate or take enforcement action. A local environmental advocacy group, comprised of concerned citizens, decides to file a lawsuit against the plant under the citizen suit provision of the state's Water Quality Act, seeking a court order to stop the illegal discharges and compel the plant to install proper treatment systems. They also request that civil penalties be imposed on the plant for its violations.

  Explanation: This illustrates a citizen suit because private citizens (through the advocacy group) are using a specific statute (the Water Quality Act) to sue a violator (the industrial plant) for breaking an environmental law. Their aim is to achieve injunctive relief (stopping the pollution) and penalties, acting as "private attorneys general" to enforce public environmental standards when government action is lacking.

• Example 2: Government Transparency

  A city council in a small town has a pattern of holding "workshop" meetings that are not publicly announced and are closed to the public, where they discuss and make preliminary decisions on significant zoning changes and budget allocations. A state law, the "Open Meetings and Records Act," explicitly requires all discussions and decisions by public bodies to be held in open, publicly noticed meetings. A neighborhood association, concerned about the lack of transparency and public input, files a citizen suit against the city council members under a provision in the state's Open Meetings and Records Act. They seek a court order to prevent the council from holding future closed-door meetings on public business and to ensure strict compliance with the act's public notice requirements.

  Explanation: This is a citizen suit because a private group (the neighborhood association) is utilizing a specific state law (the Open Meetings and Records Act) to sue a government entity (the city council) for violating public transparency requirements. The goal is to obtain an injunction to stop the illegal closed meetings and ensure adherence to the law, thereby protecting the public's right to open government.