VOLUME 1 - 2008-2009 - ISSUE 1
135 Ky. J. Equine, Agric. & Nat. Resources L. 135 (2009).
DISAPPEARING ACTS: HOW PARENS PATRIAE MAKES PRIVATE ENVIRONMENTAL SUITS VANISH IN THE BLINK OF AN EYE
Written By: Christopher Way
Citizen suit provisions are powerful tools in environmental litigation. After the plaintiff has brought suit, however, the plaintiff's suit may be dismissed if the government negotiates a settlement with the offender. Parens patriae provides the government with standing to sue on behalf of its citizens, which takes priority over any suit brought privately under a citizen suit provision even when the individual has already initiated the private suit. This Comment examines the reasons for this policy as well as the implications of barring private suits brought under citizen suit provisions.