A bill to amend the National Environmental Policy Act of 1969 to provide for citizens' suits and class actions in the U.S. district courts against persons responsible for creating certain environmental hazards.

Summary

Declares various Congressional findings relating to the insufficiency of existing Federal and State laws to protect persons from the harmful effects of pollution. Provides that any person who is engaged in any activity which affects interstate commerce and who is responsible for any pollution of air, water, land, or public trust of the United States shall be subject to declaratory or other equitable relief in a class action brought by any person representing the interest of a group or class of persons similarly situated, for the protection from unreasonable pollution. Grants the appropriate United States district courts jurisdiction to such class actions without regard to the amount in controversy. Provides that when the plaintiff has made a prima facie showing that the defendant's activity may result in unreasonable pollution, the defendant shall have the burden of establishing: (1) that there is no feasible alternative and that the activity is required for the public health and welfare and (2) that the social and economic benefits of the activity outweigh the social and economic costs. Provides for the appointment by the Court of a master to take testimony and make a report to the Court in the action.

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1 official file

• Introduced in House

  summary · EN · 29 January 1973

  Open at official source

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