Citizen Suits - Expressed and Implied

Question 1

When will a court intervene with a citizen suit?

Answer 1

The court will only intervene if teh agency is not fulfilling a non-discretionary duty.

Question 2

When can a citizen suit be brought if they have an expressed right?

Answer 2

An expressed citizen suit provision allows the citizen to bring a lawsuit when an agency is not fulfilling a non-discretionary duty.

Question 3

What are the four factors to consider when determining if an implied private right of action exists with a citizen suit?

Answer 3

1) Plaintiff in class of intended beneficiaries;
2) Legislative Intent to create/deny private rights of action;
3) Right consistent with primary purpose of statute;
4) Area traditionally left to state.

Question 4

How is the four part test when determining if an implied citizen suit exists applied by the court?

Answer 4

It has four parts:
1) Plaintiff in class of intended beneficiaries;
2) Legislative Intent to create/deny private rights of action;
3) Right consistent with primary purpose of statute;
4) Area traditionally left to state.
The court puts significantly more emphasis on the primary purpose of the statute than the other 3 parts.

Question 5

If there is a conflict between a common law claim and a federal statutes purpose, what one will win?

Answer 5

The federal statute will preempt the common law claim.