NELC Senior Attorney Joshua Kratka (left) stands with RIPIRG's Matt Auten at a press event on Bradford Dyeing Association violations of the Clean Air and Clean Water acts. Photo: Theresa Labriola

Providence, RI—On Nov. 6, 2006 U.S. District Court Chief Judge Ernest C. Torres approved a ground-breaking consent decree that settles NELC’s lawsuit against Bradford Dyeing Association, Inc. (BDA). (Read about the details here.) The suit was brought by NELC attorneys to enforce the Clean Air and Clean Water acts at the company’s southwestern Rhode Island textile mill. More.

Washington, D.C.—In November 2005, NELC joined more than a dozen citizen groups in opposing a proposed court rule that would have made it more difficult for public interest groups—but not business interests—to challenge federal agency actions in the District of Columbia Circuit Court of Appeals, which handles more of these cases than any other court.

The court took the opposition to heart, and modified the controversial provision on June 19, 2006. At stake was equal access to the courts for those with a legitimate grievance about government agency actions or decisions. The rule would have singled out public interest petitioners, requiring them to produce detailed evidence of their legal “standing” to challenge an agency’s actions, whenever they filed suit. The issue is a vital one for environmental groups, as lawsuits have historically been an essential tool for compelling the EPA to perform its duties.

The final rule treats all parties equally: businesses and public interest groups alike must demonstrate standing, but only when it is not already apparent from the administrative record before the court.