Citizen Enforcement of Environmental Laws

When Congress enacted the Clean Water Act in 1972, it realized that there would be times when an agency like the DNR would lack the resources or the political will to enforce the law. To fill this gap and supplement the DNR’s efforts, Congress envisioned that citizens would have the power to stand in the shoes of the DNR and enforce the Clean Water Act.

The words Congress used are apt: it stated that citizens would become "private attorneys general" and enforce the law whenever the government was unable or unwilling to do so. These lawsuits are called "citizen suits," and over the last 30 years have proven to be powerful weapons in the fight against pollution.

Filed in federal court, citizen suits are designed to require polluters to cease their illegal discharges and deter future violations through heavy court-ordered penalties. The Clean Water Act authorizes up to $25,000 per day for violations of the law.

What you should do if you see a manure spill:

1. Take photos/video. If you see manure spilling into or towards a waterway, including a road ditch that drains into a waterway, take a picture or videotape it and carefully label the photograph or footage with date, time and location. DO NOT TRESPASS when taking the photos or the footage.
   
   
2. Take notes. If you cannot take a picture or do not have a camera with you, immediately take down some notes on a piece of paper and describe what you see. Keep the piece of paper with you and return to the site with a camera as soon as possible.
   
   
3. Contact the DNR. Request enforcement of the law. Be sure to follow-up with a written letter, and send copies of the photos or video footage. In the letter, request that the DNR inform you of the action it intends to take to require cleanup of the manure spill. Retain a copy of the letter and the photos/footage for your own records. Click here to view a sample letter [sampleletter.pdf].
   
   
4. Contact Midwest Environmental Advocates. Contact Midwest Environmental Advocates for legal assistance immediately. For more information, contact advocate@midwestadvocates.org or at 608-251-5047.