Abstract

There is currently no consensus amongst courts about under what circumstances government action can preclude properly filed citizen suits enforcing environmental laws. This Comment prescribes a standard for res judicata analysis that focuses on the interests represented by each party rather than on the diligence with which the government has ensured future compliance. Through an analysis of privity and the identity of claims between the two parties, it is possible for the courts to identify those consent decrees that should preclude citizen enforcement and those that should not.