In recent years, there have been several emerging issues in environmental law litigation that are shaping the future of environmental protection efforts.

Climate Change Litigation

One of the most prominent emerging issues in environmental law litigation is climate change litigation. With the increasing frequency and severity of natural disasters, as well as the growing recognition of the human role in climate change, there has been a rise in lawsuits against companies and governments for their contribution to greenhouse gas emissions. In 2020, the number of climate change cases filed globally reached a record high of 1,550, according to data from the Grantham Research Institute on Climate Change and the Environment.

Environmental Justice

Another important emerging issue in environmental law litigation is the pursuit of environmental justice. Environmental justice refers to the fair treatment and meaningful involvement of all people in the development, implementation, and enforcement of environmental laws. Communities that are disproportionately affected by environmental hazards, such as low-income communities and communities of color, are increasingly seeking legal remedies for environmental injustices.

Water Rights Disputes

Water rights disputes are a longstanding issue in environmental law, but they continue to be a significant source of litigation as water scarcity becomes a more pressing concern. Climate change, population growth, and competing demands for water resources have exacerbated conflicts over water rights in many regions. According to the World Resources Institute, over one billion people currently live in water-scarce regions, highlighting the importance of resolving water rights disputes through legal means.

Regulatory Rollbacks

In recent years, there has been a trend of regulatory rollbacks at the federal level, with the Trump administration in the United States rolling back dozens of environmental regulations. These regulatory rollbacks have sparked legal challenges from environmental groups and states that are seeking to uphold environmental protections. The shift in the regulatory landscape has created uncertainty and confusion, leading to increased litigation over the interpretation and enforcement of environmental laws.

Benefits of Environmental Law Litigation

Environmental law litigation plays a crucial role in holding companies and governments accountable for their impact on the environment and public health. By challenging environmentally harmful practices through legal means, environmental law litigation can drive positive change and promote sustainable development. Additionally, environmental law litigation can provide a platform for marginalized communities to seek justice for environmental injustices and ensure that their voices are heard in decision-making processes.

Furthermore, environmental law litigation can help establish legal precedents that set standards for future environmental protection efforts. As new issues emerge in environmental law, such as climate change litigation and water rights disputes, legal challenges can establish legal frameworks and guidelines for addressing these complex issues. This can help shape future policies and regulations to better protect the environment and natural resources for future generations.