Fines and penalties resulting from citizen suits must be deposited in government accounts. Oil spill cases are pursued by the Coast Guard, not the Environmental Protection Agency. Most States collect fines and penalties, and dedicate them to environmental programs. Some fines are dedicated to local projects, such as the Massachusetts Bay Trust Fund and Massachusetts Bay Credit Project, that fund Boston Harbor clean-up, beach and salt marsh restoration, and estuary programs. Fines and penalties could be used by States and localities for any environmental purpose.
States also can pursue out-of court monetary settlements, thus reducing costs.
The potential to generate considerable revenues from fines and penalties exists. When commingled in State trust fund accounts, revenues will continue to grow and be sufficient to use for infrastructure construction. Interest income is also generated. Revenue streams are unpredictability and delicate. Citizen suits have this potential, since nonprofits may recover expenses and legal fees.