The environmental community advocates for the right to act as private attorneys general, and the right to recoup attorneys' fees for the prevailing plaintiff. A prevailing defendant would be entitled to attorneys' fees only if the action was found to be frivolous or brought for purposes of harassment. The business community states that enforcement needs more study, and should be based on facts, not anecdotal evidence. They note that many of the ideas presented in the discussion of the issue can already be implemented and that legislation is not necessary. They fear increased litigation costs and permit fees to cover enforcement costs.
Small builders cite permit fees as one problem standing in the way of affordable housing.
The business community opposes private attorney general suits. They also believe that a system under which only plaintiffs get attorneys' fees is unfair and will lead to increased litigation and frivolous suits. They also note that if private attorney general suits are authorized, they should apply only to post construction issues. Otherwise, project opponents can stop projects during construction when financing is vulnerable. State agencies note that the objective is compliance, not enforcement, and suggest greater focus on the use of existing enforcement tools.