The Particle Problem: Using RCRA Citizen Suits to Fill Gaps in the Clean Air Act

Abstract

While the Clean Air Act has done a substantial amount for the environment and the health of individuals in the United States, there is still much to be done. For all its complexity, the Act has perpetuated systemic inequities and allowed harms to fall more heavily on low-income communities and communities of color. This is no less true for particulate matter pollution, which is becoming worse by the year and is a significant cause of illness and premature death. This Note argues that particulate pollution, traditionally only regulated on the federal level within the ambit of the Clean Air Act, can be addressed through the Resource Conservation and Recovery Act’s citizen suit provision. Such an approach has largely gone untested in the federal courts; however, there are strong arguments in favor of applying the citizen suit provision to particulate matter. This Note also advocates for a simple legislative change that could allow those most harmed by air emissions to seek redress. If adopted, this proposal would supplement the intricate regulatory framework of the Clean Air Act with a way for communities, particularly communities of color and poor communities, to seek relief when pollution slips through the cracks.