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Environmental Advocacy Litigation in Brazil and the United States

24 Pages Posted: 9 Sep 2011 Last revised: 14 Jun 2014

Lesley K. McAllister

University of California, Davis - School of Law

Date Written: September 8, 2011

Abstract

Environmental advocacy litigation has become a significant aspect of environmental law implementation and enforcement in both Brazil and the US. A difference however is immediately apparent: in Brazil, most environmental advocacy suits are filed by public prosecutors while in the US, most such suits are filed by environmental groups. Using an empirically-based contextual approach, this article explains why different approaches emerged in each country and analyzes the significance of the difference. In Brazil, the legal framework for environmental advocacy litigation was forged by public prosecutors. In the US, the legal framework emerged within a tradition of private enforcement of public law. The analysis further shows that each approach in its context has strengthened environmental enforcement and public participation in environmental law.

Keywords: environnment, comparative law, Latin American law, public interest, prosecutors, citizen suits

JEL Classification: K10

Suggested Citation

McAllister, Lesley K., Environmental Advocacy Litigation in Brazil and the United States (September 8, 2011). Journal of Comparative Law 6:2 (2011). Available at SSRN: https://ssrn.com/abstract=1924583

Lesley K. McAllister (Contact Author)

University of California, Davis - School of Law ( email )

400 Mrak Hall Dr
Davis, CA CA 95616-5201

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