Environmental Litigation: Key Strategies and Tactics for Success
How do you win litigation?
Five Tips for Winning a Court Case Don’t Litigate for Spite or Revenge. Definitely don’t make your litigation decisions for vindictive reasons, Seek Mediation Instead of Litigation, Be the Master of Your Case, Listen to Your Advisers, Be Flexible
Environmental Litigation: Key Strategies and Tactics for Success
The environment is a complex, changing, and delicate part of our lives that is often subject to court proceedings. Environmental litigation is a method of resolving environmental disputes through the legal system. It is a critical tool for ensuring that those who cause environmental damage are held responsible for their actions. Through environmental litigation, individuals and groups can take action to protect their natural resources and the environment, and to enforce environmental laws.
In environmental litigation, the courts serve as a forum for parties to present their claims and evidence to a neutral third party who will make a decision based on the facts and applicable laws. Environmental litigation can be used to seek damages, halt (or mandate) activities that may be damaging to the environment, or compel compliance with state or federal laws, rules, regulations, or standards.
Successful environmental litigation requires knowledge of the relevant laws and regulations, expert witnesses, and key strategies and tactics that are tailored to the particular case. The following are some of the key strategies and tactics for successful environmental litigation:
- Identifying the Proper Forum – The first step in successful environmental litigation is determining the best legal forum—federal or state court—for the dispute. Depending on the dispute and the jurisdiction, the parties may have more options and advantages in one forum than the other.
- Hiring the Right Legal Team – Successful environmental litigation requires a knowledgeable and experienced legal team. It’s important to select legal professionals who have experience with environmental law, who understand the technical and scientific aspects of environmental cases, and who will represent their client’s interests zealously and yet professionally.
- Developing and Refining the Litigation Strategy – A strong litigation strategy must be developed that takes into consideration the legal, factual and technical issues that are unique to the case. Parties should consider alternative dispute resolution as a means of resolving the dispute and/or obtaining a desired outcome outside of a traditional court proceeding.
- Selecting and Working with Expert Witnesses – Expert witnesses play an important role in environmental cases, providing technical information and expert testimony to support the claims being presented in court. It’s important to select experts who have the proper knowledge and experience, who can speak to the facts of the case, and who are willing to stand by their testimony in court.
- Using Evidence Effectively – Evidence can be used to prove the facts of a case, as well as the legal arguments that are presented. It is important to know what kind of evidence is admissible in court, how it should be presented, and which pieces of evidence should be used to support the claims being made.
- Consulting Environmental Regulations – It is important to understand the relevant environmental regulations and their implications for the case. Consulting experts in the area is always beneficial.
- Preparing the Parties for the Courtroom – Both parties should be adequately prepared for court proceedings. This includes ensuring the parties possess a thorough knowledge of the law and evidence pertaining to the dispute, as well as understanding how the court system works, how judges create rulings, and how to conduct oneself during a trial.
Successful environmental litigation is a tricky business, but with the right knowledge, strategies, and tactics, it can be achieved. Experienced legal teams and expert witnesses are invaluable in cases dealing with environmental law, and consulting with experts in the area will often prove to be a valuable tool. With the right preparation and knowledge of the relevant laws and regulations, parties can achieve favorable rulings in environmental law disputes.
