Barely Standing

Barely Standing
Author: John D. Echeverria
Publisher:
Total Pages: 24
Release: 1999
Genre: Environmental law
ISBN:

The Environmental Standing to Sue in Argentina and Italy

The Environmental Standing to Sue in Argentina and Italy
Author: Giovanni Castino
Publisher: LAP Lambert Academic Publishing
Total Pages: 80
Release: 2011-02
Genre:
ISBN: 9783844305814

This publication aims to critically compare the environmental standing to sue in Argentina and Italy with a special focus on the role of NGOs in the lawsuit. The text examines the European Union and the Mercosur environmental legislation and analyzes the effects of their implementation on Member States and associated members. It also focuses on other South American approaches such as the 2008 Ecuadorian Constitution that for the first time recognized constitutional rights to Nature as an autonomous legal subject. Furthermore, the text compares the environmental framework of the Argentinean and Italian Constitutions, exploring the new aspects introduced with their respective reform in 1994 and 2001. The work looks also at external related factors such as the influence that the US Supreme Court s environmental jurisprudence had on the Argentinean Supreme Court. Finally, the text analyzes the environmental standing to sue regime of the two countries. In conclusion, it addresses a final remark relating to the introduction of the environmental class action as a legal tool to improve the current legal framework.

Environment in the Balance

Environment in the Balance
Author: Jonathan Z. Cannon
Publisher: Harvard University Press
Total Pages: 385
Release: 2015-04-22
Genre: Law
ISBN: 0674425987

The first Earth Day in 1970 marked environmentalism’s coming-of-age in the United States. More than four decades later, does the green movement remain a transformative force in American life? Presenting a new account from a legal perspective, Environment in the Balance interprets a wide range of U.S. Supreme Court decisions, along with social science research and the literature of the movement, to gauge the practical and cultural impact of environmentalism and its future prospects. Jonathan Z. Cannon demonstrates that from the 1960s onward, the Court’s rulings on such legal issues as federalism, landowners’ rights, standing, and the scope of regulatory authority have reflected deep-seated cultural differences brought out by the mass movement to protect the environment. In the early years, environmentalists won some important victories, such as the Supreme Court’s 1973 decision allowing them to sue against barriers to recycling. But over time the Court has become more skeptical of their claims and more solicitous of values embodied in private property rights, technological mastery and economic growth, and limited government. Today, facing the looming threat of global warming, environmentalists struggle to break through a cultural stalemate that threatens their goals. Cannon describes the current ferment in the movement, and chronicles efforts to broaden its cultural appeal while staying connected to its historical roots, and to ideas of nature that have been the source of its distinctive energy and purpose.

Environmental Litigation

Environmental Litigation
Author: Office, U.s. Government Accountability
Publisher:
Total Pages: 56
Release: 2017-08-16
Genre:
ISBN: 9781974622283

"The Environmental Protection Agency (EPA) faces numerous legal challenges as it implements the nation's environmental laws. Several statutes, such as the Clean Air and Clean Water Acts, allow citizens to file suit against EPA to challenge certain agency actions. Where EPA is named as a defendant, the Department of Justice provides EPA's legal defense. If successful, plaintiffs may be paid for certain attorney fees and costs. Payments are made from the Department of the Treasury's Judgment Fund-a permanent fund available to pay judgments against the government, as well as settlements resulting from lawsuits-or EPA's appropriations. For this review, GAO was asked to examine (1) the trends in and factors affecting environmental litigation for fiscal years 1995 through 2010 and (2) Justice's recent costs and recent plaintiff payments from the Judgment Fund and EPA.To conduct this review, GAO obtained and analyzed data from two Justice databases on cases filed under 10 key environmental statutes. To gain stakeholder views on any trends and factors that might affect them, GAO interviewed representatives of environmental and industry groups, state attorneys general, and other experts. GAO estimated the costs of litigation handled by Justice attorneys and payments made for attorney fees and court costs from the Judgment Fund and EPA funds.GAO is making no recommendations..."

Ultra Vires Statutes

Ultra Vires Statutes
Author: Adam J. Sulkowski
Publisher:
Total Pages: 0
Release: 2009
Genre:
ISBN:

This article makes a critical contribution to the fields of environmental and corporate law. It explains a problem in the citizen enforcement of environmental statutes: the issue of how to establish and secure standing to sue. The article then recommends a novel solution based in corporate law: the application of ultra vires statutes. The article significantly contributes to the scholarly literature on ultra vires statutes by: (1) examining thoroughly the history of the ultra vires doctrine, especially in early American history, (2) clarifying that scholars and practitioners should now cite ultra vires statutes rather than the doctrine, (3) reviewing recent cases in a variety of jurisdictions, including Delaware, which demonstrate that, contrary to popular belief, these statutes are being actively and successfully applied, (4) explaining how ultra vires statutes could assure standing for environmental plaintiffs, (5) rebutting objections to the use of ultra vires statutes in environmental litigation, (6) suggesting the type of clients that would be most likely to succeed in such a context, (7) stating new grounds for why ultra vires statutes must be respected in this context. Given the scope and severity of environmental problems and limited resources of government to enforce environmental protection laws, citizen lawsuits can play an important role in assuring that relevant statutes and regulations are obeyed. However, it has become increasingly difficult for citizens who are suing to enforce environmental legislation to establish standing. Amorphous-yet-sometimes-harshly-applied standards require that a direct injury-in-fact specific to the plaintiff that is redressable and within a statutorily-implied zone-of-interests be demonstrated, which is not always easy for plaintiffs alleging environmental harms. Ultra vires statutes in corporate law may provide a solution in some contexts. Ultra vires statutes allow a shareholder of a company to sue to enjoin the company from acts outside of what are authorized by its corporate charter. Since corporations are still required to commit to only lawful activities in their charters, an individual may sue to enjoin the unlawful activities of a corporation in which the individual owns shares. A popular misconception persists that ultra vires lawsuits are an obsolete phenomenon. On the contrary, recent court opinions explicitly state that ultra vires statutes are still a legitimate basis for pursuing injunctions. Standing to sue corporate environmental malfeasors may therefore be established by purchasing shares in a corporation. An ultra vires lawsuit then allows plaintiffs to pursue injunctions and equitable remedies such as court monitoring of the defendants. While there are foreseeable objections to this theory, reference to legislative intent, the historical evolution of doctrines, respect for state statutes, precedent, public policy, concern for the protection of investors and even constitutional law all militate in favor of a conclusion that ultra vires statutes may - and ought to be - used and recognized as a basis for establishing standing to enforce environmental statutes.