What Is Environmental Litigation?

Protecting the environment to preserve the delicate natural balance is paramount to address mounting environmental challenges. As industrial activities, pollution incidents, and natural resource exploitation continue, environmental litigation is a crucial safeguard against these environmental challenges.

Environmental Law Litigation

Exploring the fundamentals of environmental litigation, illuminates the profound impact of legal battles on shaping a more sustainable and ecologically responsible future. In recent years pursuit of environmental justice has increased, with 1,387 cases filed in the United States in 2021 alone. These lawsuits play a pivotal role in holding responsible parties accountable and advocating for and enforcing sustainable practices. 

Whether combating climate change, regulating pollution, conserving biodiversity, or ensuring environmental justice, addressing environmental issues through litigation contributes greatly to shaping a cleaner, healthier, and more sustainable future.

Pollution Control

Pollution control focuses on mitigating and reducing the release of harmful pollutants into the environment. This area of environmental law involves implementing regulations and measures to protect air, water, and soil quality, as well as the health and well-being of human populations and ecosystems.

In the United States, the amount of pollutants industries and vehicles release into the air is highly regulated. Emission standards help reduce pollutants like sulfur dioxide, nitrogen oxides, particulate matter, and volatile organic compounds.

Conservation of Natural Resources

Environmental laws often address the preservation and sustainable use of natural resources such as forests, wildlife, oceans, and minerals. The goal is to ensure these resources are preserved for future generations and used to minimize negative environmental impacts. 

Environmental laws also establish Marine Protected Areas. These areas conserve marine ecosystems, biodiversity, and fishery resources. Similarly, the Forest Service enforces forest conservation laws protecting these areas from deforestation and illegal logging.

Biodiversity and Wildlife Protection

Biodiversity and wildlife protection are crucial components of environmental law focusing on conserving the planet’s vast species and ecosystems diversity. Biodiversity and wildlife protection seek to safeguard the delicate balance between ecosystems, protecting endangered species and all wildlife, and promoting sustainable practices.

The Endangered Species Act identifies and protects species threatened or at risk of extinction. This law  provides levels of protection, including habitat preservation, restrictions on trade, and conservation programs, seeking to ensure the protection of at-risk species.

Climate Change and Greenhouse Gas Regulations

The global impact of climate change also mandates environmental law increasingly regulate greenhouse gas emissions, carbon trading, renewable energy incentives, and international climate agreements.

Fortunately, many countries have set specific targets for reducing greenhouse gas emissions within certain time frames. These targets  are often based on the country’s historical emissions, its contribution to global emissions, or scientific recommendations to limit global warming.

Air Quality Regulation

Air pollution can severely affect respiratory health, contribute to climate change, and harm ecosystems. Air quality regulation involves setting standards and implementing measures to monitor and mitigate the emissions of pollutants.
Many countries set ambient air quality standards defining acceptable levels of outdoor air pollutants. These standards often include limits for particulate matter, nitrogen dioxide, sulfur dioxide, ozone, carbon monoxide, and lead. Compliance with these standards is crucial to ensure that the air people breathe is safe and healthy.

Water Rights and Management

Water is a finite and essential resource, and its management is vital for sustained ecological balance, human consumption, agriculture, and industrial purposes. Water rights and management encompasses the legal framework and practices governing water resource allocation, use, and protection.

In many legal systems, water rights are based on the concept of riparianism, where those who own the land adjacent to a water body have the right to use the water for reasonable and beneficial purposes. Other environmental laws may promote water-saving practices and technologies to improve water use efficiency and reduce waste.

Renewable Energy and Sustainability

Renewable energy and sustainability are interconnected concepts within environmental law, focusing on promoting and adopting clean, renewable energy sources to reduce greenhouse gas emissions, fostering long-term environmental and economic sustainability. 

Some regions in the United States have established Renewable Portfolio Standards, mandating a certain percentage of electricity generation originate from renewable resources. These standards help drive the adoption of renewable energy technologies nationwide. 

Hazardous Substances and Waste Management

Hazardous substances and waste management are vital components of environmental law focusing on the regulation, handling, transport, disposal, and cleanup of hazardous materials to prevent harm to life.

While hazardous substances and waste management are interconnected concepts, these terms have different meanings.. Hazardous substances are materials that, if not appropriately managed, pose significant risks to life. Waste management encompasses the proper treatment and disposal of waste, including hazardous waste, to minimize environmental contamination and protect public health.

Waste management  is also a global issue. International treaties and agreements, such as the Basel Convention on the Control of Transboundary Movements of Hazardous Wastes and Their Disposal, aim to control the cross border movement of hazardous waste and prevent its dumping in developing countries.

Environmental Regulation Enforcement

Environmental enforcement  addresses various actions that can be taken through governmental enforcement and litigation, to uphold environmental regulations, protect natural resources, and ensure accountability for compliance with and violations of environmental laws. Mechanisms to ensure accountability and compliance  include:

• Monitoring and Compliance Inspections: Government agencies responsible for environmental protection regularly conduct inspections to ensure that businesses and facilities adhere to environmental regulations.

• Issuing Citations and Fines: Environmental enforcement agencies may issue citations and impose fines for non-compliance when violations are identified.

• Civil and Criminal Prosecution: Depending on the severity of the violation, environmental enforcement can lead to civil or criminal prosecution, with potential fines, penalties, or imprisonment for severe offenses.\

• Private Lawsuits. Property owners or others affected by an environmental impact of an adjoining property, or other types of environmental impacts such as water pollution, noise, or other impacts may be filed by private citizens.

Environmental Justice

By definition, environmental justice addresses the fair distribution of environmental benefits and burdens among different communities, particularly considering the disproportionate impacts of environmental hazards on marginalized and vulnerable populations. Environmental justice ensures that all individuals, regardless of race, ethnicity, income, or location, have equal access to a clean and healthy environment and are not unfairly burdened by environmental hazards. 
The United States Environmental Protection Agency (EPA) collaborates with entities including the International Human Rights and Rights of Indigenous People and the National Environment Justice Advisory Council to ensure that specific environmental justice standards are met nationwide.

How To File an Environmental Lawsuit

Filing an environmental lawsuit requires careful preparation and adherence to legal procedures. From gathering evidence to serving the complaint, each step is crucial for a successful case.

1. Consult an Attorney

First, consult an attorney experienced in environmental law. These lawyers can assess the merits of your case and help you determine if you have a valid claim and what legal strategies may be most effective for your particular situation. Your attorney can also assist with the remaining steps needed to take to file the lawsuit.

2. Gather Evidence

Collect evidence to support your claims, such as documentation, photographs, expert reports, witness statements, and any relevant environmental data. Your attorney will work with you to ensure that the evidence you gather complies with legal requirements and is admissible in court.

Once you’ve collected all of your evidence, take the time to properly organize and catalog each piece to facilitate ease of access and retrieval during the legal proceedings. 

3. Identify the Responsible Parties

Identify the entities responsible for causing or contributing to environmental damage, such as corporations, individuals, or government bodies. Conduct a site assessment or investigation to determine the sources of environmental pollution. This often involves reviewing historical records, conducting on-site inspections, and analyzing available data.

Then, identify the entities that may be legally responsible for the environmental issue based on their compliance with environmental regulations and permits. Companies and industries typically require permits to operate, and violations of these permits may indicate responsibility.

4. Comply with Legal Requirements

Complying with legal requirements is a fundamental aspect of filing an environmental lawsuit, as it ensures that the case is properly filed, follows the necessary procedures, and meets all relevant deadlines. Failure to comply with these legal requirements can result in the dismissal of the case or other procedural requirements.

A well-qualified lawyer will help ensure your lawsuit is filed with the appropriate court within the statute of limitations and confirm that you have the standing to sue. Only certain statutory claims, rather than common law claims, are subject to a private right of action, rather than solely governmental enforcement. Other claims may be preempted by state or federal laws on the specific subject matter.

5. Draft the Complaint

Work with your attorney to draft the complaint, the legal document outlining your claims, the harm suffered, and the relief sought.. This work will serve as the foundation of the lawsuit, providing the court and the defendant with a clear understanding of your case and the relief sought to be achieved. Use clear and precise language to represent your case, and avoid unnecessary jargon or technical terms that might be confusing.

6. File the Lawsuit

When filing the complaint, you will likely encounter filing fees. These can vary depending on the court's jurisdiction, and some courts may provide fee waivers for plaintiffs who cannot afford these additional costs.

Submit the complaint (or petition) to the appropriate court (or governmental agency) with jurisdiction over the specific type of environmental cases. This will mark the official beginning of the lawsuit. After filing the complaint, serve a copy to the defendant according to the proper legal procedures for service of process, formally notifying the defendant of the allegations against them.

After the lawsuit is filed, the litigation process will begin. This involves discovery, motions, hearings, and a trial if the case is not resolved through settlement or other means.

Potential Outcomes of Environmental Lawsuits

The potential outcomes of an environmental lawsuit can vary depending on the specific case, the evidence presented, and how the legal argument is made. Here are some common outcomes of an environmental lawsuit.

Injunctive Relief

The court may issue an injunction, ordering the defendant to stop specific activities causing environmental harm or violating environmental regulations.

Environmental Cleanup or Restoration

If the lawsuit involves environmental contamination, the court may order the responsible party to undertake cleanup and remediation efforts to restore the affected area.

Monetary Damages

The plaintiff may be awarded monetary compensation for damages suffered as a result of the environmental harm, such as property devaluation or health impacts.

Civil Penalties

The court may impose civil penalties on the defendant for violating environmental laws or regulations, with the fines intended to deter future violations.

Compliance with Regulations

The court may require the defendant to comply with environmental laws and obtain necessary permits or approvals for their activities. 

Public Disclosure

Environmental lawsuits can sometimes lead to public disclosure of relevant information and ecological data, raising awareness and increasing transparency. 

Environmental Policy Changes

Successful environmental lawsuits can influence policy changes and strengthen environmental regulations and protections.

Settlement Agreements

Often, environmental lawsuits are resolved through settlement agreements, where the parties reach a negotiated resolution that addresses the environmental issues and provides for specific actions or compensation.

Precedent-setting Impact

Landmark environmental cases can set legal precedents that influence future environmental litigation and shape environmental law and policy.

How To Find an Environmental Litigation Attorney

While getting results from a simple online search is possible, consulting our lawyer directory is a guaranteed way to find a reputable lawyer specializing in environmental law with proven results. After all, finding an environmental litigation attorney with a strong reputation and qualifications is essential for a successful environmental lawsuit.

Expertise.com’s directory allows you to find attorneys based on practice area, location, and client reviews. The attorneys listed undergo a thorough vetting process, and each profile provides detailed information about their experience and credentials, ensuring you hire a lawyer you can trust.