EnvironmentalLawRI.com

CLEAN WATER ACT: “A CITIZEN’S RIGHT TO LITIGATE”

CHRISTOPHER A. D’OVIDIO, ESQ.
Christopher A. D’Ovidio is an environmental scientist and attorney, and an adjunct professor at Roger Williams University School of Law, teaching Land Use Planning. He has lectured about the implementation and application of the Clean Water Act throughout Rhode Island and Massachusetts in various forums, and has advocated for its proper legal application throughout the United States. Christopher is a partner with Merolla & Accetturo in Warwick, RI and can be reached at 401.739.2900 Ext. 308.

 

Congress identified public participation rights as a critical means of advancing the goals of the Clean Water Act in its primary statement of the Act's approach and philosophy.¹ EPA has acknowledged that “technical issues relating to the issuance of NPDES permits should be decided in "the most open, accessible forum possible, and at a stage where the permitting authority has the greatest flexibility to make appropriate modifications to the permit.”² On a practical level, public participation yields better environmental decisions because the public often provides valuable information that EPA/DEM or the applicant is unaware of and/or does not have access to. Moreover, the public has a right to know how pollution is being regulated in their communities, and what steps are being taken to improve their quality of life.

This article presents a summary of the Clean Water Act, describing the essence of the statute, and brings into focus the Citizen Suit Provision of the Act and its role in allowing citizens to participate in restoring Rhode Island’s waters.

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