Citizen Suit Provisions in Environmental Law

Many of the federal environmental laws in the United States allow members of the public to initiate lawsuits in federal court against actors, including corporations, that violate requirements imposed pursuant to federal environmental laws and regulations. Although these provisions are colloquially referred to as authorizations for “citizen suits,” they do not require …   Continue readingCitizen Suit Provisions in Environmental Law

Amparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Article 48 of the Costa Rican Constitution provides for the remedy of amparo in order to maintain or re-establish the enjoyment of rights set out in the Constitution, as well as those of a fundamental nature established in international human rights treaties enforceable in Costa Rica. The amparo cause of action has been construed very broadly, to allow …   Continue readingAmparo Cause of Action and the Principle of Intereses Difusos in Costa Rica

Cost Rules for Access to Justice in Environmental Matters

Ireland’s Environment (Miscellaneous Provisions) Act 2011 seeks to minimize costs associated with qualifying environmental cases by requiring parties, with some exceptions noted below, to bear their own costs in litigation. According to the Act, the cost provisions apply to a “civil proceeding for the purpose of ensuring compliance with, or the enforcement of, a …   Continue readingCost Rules for Access to Justice in Environmental Matters

Faciladores Judiciales (Judicial Facilitators)

The Organisation of American States (OAS) began implementing a pilot of the judicial facilitators programme in Nicaragua in the late 1990s and it has grown to a well-established initiative in multiple Latin American countries. The objective of the programme is to improve access to justice among local communities where there have historically been barriers to access to …   Continue readingFaciladores Judiciales (Judicial Facilitators)

Rules of Procedure for Environmental Cases

The Supreme Court of the Philippines has enacted Rules of Procedure for Environmental Cases that include many mechanisms to facilitate petitioners to bring cases before the Court. The Rules, which list as an objective “[t]o protect and advance the constitutional right of the people to a balanced and healthful ecology,” include a broad standing provision for citizens …   Continue readingRules of Procedure for Environmental Cases