Outcomes and policy focus of environmental litigation in the United States

被引:2
|
作者
Rea, Christopher M. [1 ,2 ,3 ]
Merten, Nikolas E. [4 ]
Rife, Casey J. [4 ]
机构
[1] Brown Univ, Dept Sociol, Providence, RI 02912 USA
[2] Brown Univ, Watson Inst Int & Publ Affairs, Providence, RI 02912 USA
[3] Brown Univ, Climate Solut Lab, Providence, RI 02912 USA
[4] Ohio State Univ, John Glenn Coll Publ Affairs, Columbus, OH USA
来源
NATURE SUSTAINABILITY | 2024年 / 7卷 / 11期
关键词
EMISSIONS; IMPACT;
D O I
10.1038/s41893-024-01456-x
中图分类号
X [环境科学、安全科学];
学科分类号
08 ; 0830 ;
摘要
Environmental policy in the United States is heavily influenced by civil litigation, which is used by government, environmental groups and industry to shape environmental protections. These disputes impact national and global environmental policy, but there is limited knowledge about outcomes for pro- and anti-regulatory plaintiffs or which areas of environmental policy are focused on by different plaintiffs. Drawing on 25,775 environmental civil suits and 4,142 judicial decisions filed in federal district courts between 1988 and 2022, we show that pro-regulatory plaintiffs tend to have a higher win rate than anti-regulatory ones, that federal enforcement litigation focuses overwhelmingly on pollution and waste-related conflicts, that environmental advocacy groups focus heavily on conservation-related conflicts and that climate and environmental justice-related themes are rarely discussed in environmental legal decisions. The inequality in legal advocacy that we document may help to explain areas of strength and weakness in US environmental policy, with implications for environmental justice and global sustainability. Environmental law is shaped by litigation outcomes as much as by legislation. This study examines nearly 30,000 civil suits and court decisions over 34 years to help reveal their influence on the legal and environmental landscapes of the United States.
引用
收藏
页码:1469 / 1480
页数:16
相关论文
共 50 条
  • [41] Transnational Litigation in United States Courts.
    Chander, Anupam
    AMERICAN JOURNAL OF INTERNATIONAL LAW, 2009, 103 (03) : 625 - 627
  • [42] Sustainability is focus of environmental policy
    Haeuber, Richard
    Forum for Applied Research and Public Policy, 10 (02):
  • [43] Federalism and the implementation of environmental policy: Changing trends in Canada and the United States
    Huque A.S.
    Watton N.
    Public Organization Review, 2010, 10 (1) : 71 - 88
  • [44] UNITED-STATES ENVIRONMENTAL-POLICY - PAST, PRESENT AND FUTURE
    HAHN, RW
    NATURAL RESOURCES JOURNAL, 1994, 34 (02) : 305 - 348
  • [45] Participation and environmental policy in Canada and the United States: Trends over time
    VanNijnatten, DL
    POLICY STUDIES JOURNAL, 1999, 27 (02) : 267 - 287
  • [47] Corruption and environmental regulatory policy in the United States: Does trust matter?
    Dincer, Oguzhan C.
    Fredriksson, Per G.
    RESOURCE AND ENERGY ECONOMICS, 2018, 54 : 212 - 225
  • [48] ENVIRONMENTAL POLLUTION, SOCIAL COSTS, AND HEALTH POLICY IN UNITED-STATES
    PLESSAS, DJ
    INTERNATIONAL JOURNAL OF HEALTH SERVICES, 1974, 4 (02): : 273 - 284
  • [50] Improving childhood asthma outcomes in the United States: A blueprint for policy action
    Lara, M
    Rosenbaum, S
    Rachelefsky, G
    Nicholas, W
    Morton, SC
    Emont, S
    Branch, M
    Genovese, B
    Vaiana, ME
    Smith, V
    Wheeler, L
    Platts-Mills, T
    Clark, N
    Lurie, N
    Weiss, KB
    PEDIATRICS, 2002, 109 (05) : 919 - 930