This Article attempts to show that the proper lawsuit may be a citizen suit action utilizing section 304 of the Clean Air Act. It points out similar provisions in other federal environmental legislation, and discusses several cases brought to implement the National Environmental Policy Act. Finally, it shows that the environmental class action has been limited by the Zahn and Eisen cases.
Gabriel N. Steinberg,
Is the Citizen Suit a Substitute for the Class Action in Environmental Litigation? An Examination of the Clean Air Act of 1970 Citizen Suit Provision,
San Diego L. Rev.
Available at: https://digital.sandiego.edu/sdlr/vol12/iss1/6