Re: [CPEO-MEF] Third-Party lawsuits

[Lenny Siegel <lsiegel@cpeo.org>]

From: pamela larsen <pjlayton@firstpobox.com>

I agree that third party lawsuits are needed.  I was involved with a
group that questioned releases from a solid waste incinerator.  This
incinerator was basically operated by a "quasi" county government agency
and it was very hard to regulate because representatives of county
government sat on state air quality and solid waste boards.  It was
only, and I repeat only, thorough local residents and third party
lawsuits that this incinerator was required to clean up its act.  EPA
would not  act (overfile on the state) until locals had sued because
they feared state political pressure.  The third party lawsuits and
local group did provide some political cover for regulators to finally
do their job without encountering political pressure from within, but
without the local resident law suits, nothing would have happened.

I think this example is somewhat analogous to what Lenny is saying. 
Locals can't oppose a government agency when the  agency is regulated by
another federal agency.  EPA is sometimes so politically compromised it
can't do its job.  We saw this both with the state and EPA.

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