Problems with Environmental Lawsuits

 

 

  1. Permission to file a damage suit is only granted if it is clear that the harm to an individual plaintiff is unique and different enough to be distinguished from that to the general public.
  2. Bringing any suit is expensive.  Often the defendant in an environmental suit is a large corporation or government agency with ample funds for legal and scientific advice.  In contrast the plaintiffs in such causes usually use volunteer legal and scientific talent and rely on donations.
  3. It is often difficult to prove that the accused is liable and responsible for a harmful action.
  4. The court, or series of courts if the case is appealed, may take years to reach a decision.  During that time, the defendant may continue the alleged damage unless the court issues a temporary injunction forbidding the allegedly harmful actions until the case is decided.
  5. Plaintiffs sometimes abuse the system by bringing frivolous suits that delay and run up the costs of projects.

 

 

 

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