Riverkeepers as Enforcement Agents: Citizen Lawsuits and Environmental Policy Enforcement in the United States

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Adeline Miller
Person, Angela
Randy Peppler

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Objective: This study examines lawsuits filed by Riverkeepers to enforce federal environmental laws and their outcomes to evaluate Riverkeepers’ enforcement objectives and assess whether this organizational model may be effective for other areas of environmental policy. Methods: This study used the Westlaw database to conduct a qualitative content analysis of Riverkeeper-filed court cases. A database of Riverkeeper litigation cases was created to analyze lawsuit motivations, success rates, and recurring patterns, including repeat violators, violations, and legal actions pursued. Results: The analysis identifies frequent legal actions related to water discharges and pipeline construction, indicating areas requiring increased enforcement. Findings also reveal gaps in government enforcement prompting some Riverkeeper lawsuits. Lawsuits are most concentrated in the eastern United States, where Riverkeeper organizations are prevalent. Conclusion: This study demonstrates Riverkeepers’ persistence in pursuing favorable outcomes through appeals and prolonged litigation. As a decentralized organization, Riverkeepers show jurisdictional flexibility in identifying litigation targets. Our findings suggest that the Riverkeeper model may be adaptable to other environmental issues, such as clean air or conservation. Significance Statement: This research contributes to understanding the role of non-governmental enforcement of environmental water law and highlights the potential for replicating strategies to strengthen environmental policy enforcement.

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This study was supported by the University of Oklahoma’s Department of Geography and Environmental Sustainability and the Division of Architecture. It was also supported by the University of Oklahoma Provost’s Summer Undergraduate Research and Creative Activities (UReCA) Fellowship and the Cooperative Institute for Severe and High-Impact Weather Research and Operations (CIWRO). Importantly, the University of Oklahoma Law Library contributed to the RRCD creation, especially the invaluable and generous guidance of Mr. Jacob Black, Research & Instructional Services Librarian at the University of Oklahoma’s College of Law. The visual display of this study’s data would not have been possible without the support of Helen Wagner, an undergraduate student at the University of Oklahoma. The authors also wish to thank anonymous peer reviewers whose feedback enriched the paper.

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