Environmental Law Before the Courts

Environmental Law Before the Courts
Author: Giovanni Antonelli
Publisher: Springer Nature
Total Pages: 348
Release: 2023-12-01
Genre: Law
ISBN: 3031415272

This book sheds light on the latest trends in environmental law by analyzing some of the main sectors of law, including administrative law, constitutional law, EU law, US Law, and human rights law. It explores the evolution of these sectors before courts and tribunals from a US-EU perspective and from the perspectives of some of the foremost academics and justices from the major jurisdictions. Supranational and national courts, both in Europe and in the US, have delivered significant environmental judgements in recent years. The corresponding case law reflects how, in many jurisdictions, environmental and climate litigation continues to expand exponentially as a tool to strengthen environmental protection, whether by pushing national governments to be more ambitious or by enforcing existing statutes and regulations. Courts, particularly after the Paris Agreement, are increasingly seeking their own role as an important player in multilevel environmental governance. Courts in both the US and EU are at the forefront of this process and their role in shaping environmental rule of law will be fundamental in the near future.

Judicial Handbook on Environmental Law

Judicial Handbook on Environmental Law
Author: Dinah Shelton
Publisher: UNEP/Earthprint
Total Pages: 160
Release: 2005
Genre: Political Science
ISBN: 9280725556

"This handbook is intended to enable national judges in all types of tribunals in both civil law and common law jurisdictions to identify environmental issues coming before them and to be aware of the range of options available to them in interpreting and applying the law. It seeks to provide judges with a practical guide to basic environmental issues that are likely to arise in litigation. It includes information on international and comparative environmental law and references to relevant cases."--P. iii.

Strategies for Environmental Success in an Uncertain Judicial Climate

Strategies for Environmental Success in an Uncertain Judicial Climate
Author: Michael Allan Wolf
Publisher: Environmental Law Institute
Total Pages: 387
Release: 2005
Genre: Law
ISBN: 1585760935

Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.

The Rule of Five

The Rule of Five
Author: Richard J. Lazarus
Publisher: Belknap Press
Total Pages: 369
Release: 2020
Genre: Law
ISBN: 0674238125

A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.

The Role of the Judiciary in Environmental Governance

The Role of the Judiciary in Environmental Governance
Author: Louis J. Kotzé
Publisher: Kluwer Law International B.V.
Total Pages: 642
Release: 2009-01-01
Genre: Law
ISBN: 9041127089

This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.

Green Justice

Green Justice
Author: Thomas M Hoban
Publisher: Routledge
Total Pages: 423
Release: 2018-02-20
Genre: Political Science
ISBN: 0429974833

In the nine years since Green Justice first appeared, the field we have come to identi as “environmental law” has taken a number of twists and turns, few of which were foreseen by the authors or, so far as they know, by anyone else. Although this edition attempts to account for many of these changes, it continues to emphasize what we believed then and continue to believe to be paramount, not only for the study of environmental law but for common-law based jurisprudence in general: Despite the immediacy and crush of daily events, closely reasoned analyses of the difficulties and conflicts arising from environmental conflicts, as embodied in major cases or key decisions such as we present here, provide a stabilizing core around which the swirl of daily events takes place, and against which those events must be evaluated. We believed then, and believe even more strongly now, that this is true not only for legal specialists and scholars but for an educated populace as well. Thus this casebook.

Courts and the Environment

Courts and the Environment
Author: Christina Voigt
Publisher: Edward Elgar Publishing
Total Pages: 456
Release:
Genre:
ISBN: 1788114671

This discerning book examines the challenges, opportunities and solutions for courts adjudicating on environmental cases. It offers a critical analysis of the practice and judgments of courts from various representative and influential jurisdictions.

International Courts and Environmental Protection

International Courts and Environmental Protection
Author: Tim Stephens
Publisher: Cambridge University Press
Total Pages: 459
Release: 2009-02-12
Genre: Law
ISBN: 0521881226

A comprehensive examination of international environmental litigation which addresses the major environmental challenges of the twenty-first century.

The Environment Through the Lens of International Courts and Tribunals

The Environment Through the Lens of International Courts and Tribunals
Author: Edgardo Sobenes
Publisher: Springer Nature
Total Pages: 754
Release: 2022-06-01
Genre: Law
ISBN: 9462655073

This book brings together leading and emerging scholars and practitioners to present an overview of how regional, international and transnational courts and tribunals are engaging with the environment. With the natural world under unprecedented pressure, the book highlights the challenges and opportunities presented by international dispute resolution for the protection of the environment and the further development of international environmental law. Presented in three parts, it addresses how individual courts and tribunals engage with environmental matters (Part I); how courts and tribunals are resolving key issues common to environmental litigation (Part II); and future opportunities and developments in the field (Part III). The book is an essential one-stop-shop for students, practitioners and academics alike interested in international litigation and the protection of our global environment. Edgardo Sobenes is an international lawyer and consultant in international law (ESILA), Sarah Mead is a lawyer specialising in international environmental and human rights law, and Benjamin Samson is a researcher at the Université Paris Nanterre and consultant in international law.

Environmental Justice Before U.S. Courts

Environmental Justice Before U.S. Courts
Author: Sara Colangelo
Publisher:
Total Pages: 0
Release: 2023
Genre:
ISBN:

The history of environmental justice litigation in federal, state, and administrative courts illustrates how difficult it is to remedy intersectional harm using a single legal tool. In the United States, there is no federal “environmental justice law” that litigants can wield in court. The movement has instead attempted to harness constitutional and civil rights claims, environmental statutes, and common law to address the disproportionate environmental harm suffered by communities of color and under-resourced communities. However, the architects of those laws did not design them to combat environmental injustice, and litigation thereunder rarely provides communities with complete redress. While advocates have pursued multi-faceted approaches with some success, the arc of environmental justice litigation highlights the need for an expansion of existing law or new approaches to address the entrenched harms that characterize environmental racism and injustice. This Chapter introduces readers to environmental justice and explains why litigation has been a lever of limited utility to advance the movement's goals. It surveys the historical application of different types of laws that advocates have employed in cases seeking environmental justice. The Chapter also highlights the non-litigation value lawsuits can provide from the perspective of movement organizing strategies. Finally, it identifies recent successful efforts as well as new setbacks, and explores how novel legal developments could reshape the horizon of environmental justice litigation. *This abstract is from the preprint version of the following chapter: Sara A. Colangelo and Abigail E. André, Environmental Justice before U.S. Courts, published in Environmental Law Before the Courts: A US-EU Narrative, edited by Giovanni Antonelli, Michael Gerrard, Sara Colangelo, Giancarlo Montedoro, Maurizio Santise, Luc Lavrysen, Maria Vittoria Ferroni, 2023, Springer, reproduced with permission of Springer. The final authenticated version will be linked here when available for purchase.