This paper will discuss certain aspects of the Endangered Species Act (ESA). This paper will specifically focus upon the standing requirements for citizen suits under the ESA. The first part of the paper will examine these requirements under the statute and case law. The second part of the paper will analyze the efficacy of citizen suits under the ESA. This section will consider the question of whether citizen suits are desirable at all, from the standpoints of efficiency and thoroughness of enforcement. This analysis will focus upon the methods of analysis.
The ESA authorizes suits brought citizens under certain conditions. First, such suits may only be filed for the following purposes: (a) to enjoin any person from further violating the provisions of the ESA; (b) to compel the Secretary of the Interior to apply the provisions of the ESA regarding the taking of any resident endangered species or threatened species; and (c) to allege a failure on the part of the Secretary of the Interior to perform any act or duty under Section 1533 of the ESA. Second, such actions cannot be commenced if any of the following acts has occurred: (a) sixty days have not passed since a written notice of the violation has been given to the Secretary of the Interior and any alleged violator; (b) the Secretary has commenced an action to impose a penalty; or (c) the United States has commenced and is diligently prosecuting a criminal action in a state or federal court to redress a violation of the ESA. Additionally, the Attorney General has the right to intervene on behalf of the United States, if asked to do so by the Secretary.
These provisions are similar to those contained in the Clean Water Act and the Clean Air Amendments of 1970. These two provisions allow for such suits under virtually identical circumstances and under the same restrictions. A private person cannot file such an action if action is already being taken by the res...