24 Pages Posted: 9 Sep 2011 Last revised: 14 Jun 2014
Date Written: September 8, 2011
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: 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