Megha Shah · February 2009
77 GEO. WASH. L. REV. 488 (2009)
Secretary General Ban Ki-moon of the United Nations has described climate change as “the defining challenge of our age.” Indeed, the global community has reached a point where the realities of climate change must be confronted. Recently, Congress passed the Energy Independence and Security Act of 2007 (“EISA”), legislation aimed at reducing energy dependence and increasing energy efficiency. The passage of EISA marks a major step toward dealing with the issue of climate change. Although the Act attempts to achieve positive changes in U.S. energy policy, its ability to actually effectuate these changes would be significantly strengthened if it were amended to include an effective enforcement mechanism. This Note proposes that EISA be amended to include a citizen suit provision to aid in enforcing the mandates of the Act.
Part I of this Note addresses the factual background of global warming. Part II discusses citizen suit provisions in general and demonstrates how they have contributed to the environmental movement. Part III assesses the current state of the law on standing, and concludes that a citizen suit provision is an important vehicle for enabling plaintiffs to meet the requirements for standing to enforce environmental laws. Part IV looks at the specific provisions of EISA and describes what changes it seeks to implement in American energy policy. Part V proposes that EISA be amended to include a citizen suit provision, allowing private citizens to sue to enforce the provisions of the statute, and thereby combat global warming.
