The Submitters assert that the United States is failing to effectively enforce the federal Clean Water Act against coal-fired power plants for mercury emissions that are allegedly degrading thousands of rivers, lakes and other waterbodies across the United States.

The Submitters assert that Canada and the United States are failing to effectively enforce anti-pollution provisions in the 1909 International Boundary Waters Treaty (Treaty) with respect to the construction and operation by the state of North Dakota of an outlet to drain water from Devils Lake into the Sheyenne River, the Red River Basin, Lake Winnipeg, and ultimately into the broader Hudson Bay drainage system.

The Submitters alleged that the United States is failing to effectively enforce the National Environmental Policy Act with respect to the United States Army's operation of Fort Huachuca, Arizona.

The Submitters assert that the US Environmental Protection Agency's regulations drafted and programs adopted to control airborne emissions of dioxin/furan, mercury and other persistent toxic substances from solid waste and medical waste incinerators violate and fail to enforce both: 1) US domestic laws, and; 2) the ratified US-Canadian treaties designed to protect the Great Lakes that are partly referenced in the US Clean Air Act.

The Submitters allege that the United States is failing to enforce the Migratory Bird Treaty Act which prohibits the killing of migratory birds without a permit; and the Endangered Species Act of 1973 (ESA), which prohibit the taking of endangered and threatened species, require the protection of such species "whether by protection of habitat and food supply", and require the designation of "critical habitat".

Submitters alleged that provisions of the Fiscal Year 1995 Supplemental Appropriations, Disaster Assistance and Rescissions Act result in a failure to enforce effectively all applicable Federal environmental laws by eliminating private remedies for salvage timber sales.

The submitters allege that "the State of California and/or the United States of America, has failed to enforce California's environmental laws and regulations related to water resource protection and to the regulation of underground storage tanks."

The Submitters allege that the United States Government is failing to effectively enforce Section 703 of the Migratory Bird Treaty Act (MBTA), 16 U.S.C. par. 703-712, which prohibits the killing of migratory birds without a permit. Final Factual Record

The Submitter believes that regulatory agencies in California are not enforcing environmental laws, relating to underground storage tanks (USTs) with the result that significant volumes of gasoline continue to leak into and contaminate soil, water and air in that State."

Submitters alleged that provisions of the "Rescissions Act" have resulted in a failure to enforce effectively selected provisions of the Endangered Species Act.