Defend the Constitution, Save the Planet: The Role of Public Interest Groups in Shaping Environmental Law

The United States adopted its modern environmental statutes in the 1970s. Among other innovations, Congress incorporated citizen suit provisions into the Clean Air, Clean Water Act, and Endangered Species Act. These created causes of action allowing individuals and interested entities to sue to enforce the environmental laws. At the same time, courts took an increasingly expansive view of the private citizen standing to challenge agency actions through the Administrative Procedures Act. For many years, public interest groups seeking more environmental regulation and government control took the headlines. Lately, public interest groups opposed to expanding government regulation and interested in defending the rights of property holders have achieved numerous litigation successes from district courts up to the Supreme Court. These include limitations on the enforcement reach of the Clean Water Act. This panel will examine the impact the public interest litigation has had on environmental, natural resources, and property law. It will review its place in our system and consistency with an originalist Constitution, examine some of the notable accomplishments by public interest organizations in the past several years, and discuss upcoming environmental and other administrative law cases now being pursued by public interest groups that may significantly impact environmental and administrative law going forward. Featuring: Mr. David D. Doniger, Senior Strategic Director and Attorney, Climate and Clean Energy Program, National Resources Defense Council Ms. Stephanie A. Maloney, Chief of Staff & Associate Chief Counsel, United States Chamber Litigation Center Prof. Robert V. Percival, Robert F. Stanton Professor of Law and Director, Environmental Law Program, Francis King Carey School of Law, University of Maryland Mr. Damien M. Schiff, Senior Attorney, Pacific Legal Foundation Moderator: Hon. Kathryn Kimball Mizelle, U.S. District Court, Middle District of Florida Overflow: Chinese Room