Environmental Citizenship and the Courts

Abstract

This article provides an overview of key issues arising when individuals and groups wishing to pursue environmental objectives have occasion to turn to the courts. After a brief consideration of how the courts can be used against environmental activists, both legal and practical matters are considered across a range of litigation, civil and criminal, public law and private. These issues include matters of standing, the timing of actions and the availability and effect of remedies, as well as difficulties of cost and obtaining the evidence to proceed. A further issue is the new possibilities for litigation arising from the recent constitutional changes, in relation to both devolution and human rights. Finally, consideration is given to the extent to which alternative means of dispute resolution might be used, and indeed already are being used, in the environmental context.