In DTE Case, Conservatives Argue Air Law Citizen Suit Unconstitutional

Two conservative law professors in a high-profile air permitting lawsuit where the Justice Department (DOJ) is seeking to limit the scope of private court settlements are now raising claims that the Clean Air Act’s citizen suit provisions are unconstitutional because they encroach on the executive branch’s enforcement powers. A July 27 proposed amicus brief from the professors in United States, et al. v. DTE, et al. goes further than DOJ’s arguments in the long-running litigation by claiming that citizen...