What each pathway is

Here is each OSED instrument in plain terms — what it is, and the kind of situation it tends to fit. Each links a worked example so you can see the shape of the finished draft. Reading these does not tell you which one fits your situation; that is a judgment for a lawyer.

Citizen-suit notice of intent

What it is: a formal letter telling a polluter (and the relevant agencies) that you intend to sue under a citizen-suit provision unless the problem is addressed. It is the required first step before many environmental citizen suits, and it starts a waiting period.

When it tends to fit: an ongoing discharge or emission that appears to violate a permit or standard. See the worked example: ../../examples/cwa-304m-deadline-suit.md.

Deadline complaint

What it is: the first court filing in a “failure to act” suit — a complaint that an agency missed a mandatory, deadline-bound duty. It is scaffolded only after the notice period has run.

When it tends to fit: a statute told an agency to do something by a date, and the date passed. The worked example carries this through its later stages (see the deadline-complaint stage in ../../examples/cwa-304m-deadline-suit.md).

Consent-decree scaffold

What it is: the skeleton of a negotiated settlement that ends a deadline suit by agreement, entered by a court after public comment. OSED proposes no terms — every term is left blank for the parties and their lawyers to negotiate.

When it tends to fit: a filed deadline suit the parties want to resolve without a trial (see the consent-decree stage in ../../examples/cwa-304m-deadline-suit.md).

Rulemaking petition

What it is: a formal request asking an agency to make or change a rule. No court and no lawyer is required to file one, which makes it the lowest-barrier pathway.

When it tends to fit: a rule that should exist, or should be updated, and isn’t. See: ../../examples/rulemaking-petition.md.

State environmental-rights packet

What it is: a plain-language orientation packet for a state-constitution environmental right, where one exists.

When it tends to fit: a concern that may implicate a state’s constitutional environmental right. OSED has developed packets for Pennsylvania and Montana, and developing packets for New York and Hawaiʻi. See: ../../examples/state-era-pa.md.

Every one of these is produced as a marked DRAFT with its judgment calls flagged. What a draft can’t do is the subject of the next page.