Obstacles to Environmental Litigation in Russia and the Potential for Private Actions

Abstract

In the past decades, plaintiffs' attorneys in the United States have promoted the use of private actions known as “toxic torts.” These private actions fill in the gaps of federal and state environmental statutes. At the same time, the targets of this litigation, often large corporations, have pushed for limits on their liability and caps on potential recovery. Given that many of these large corporations have moved operations overseas, can toxic tort litigation also make this move?

This article discusses the basis of toxic torts in the United States as compared to the scope of environmental and tort law in Russia. The article reviews the procedures and challenges that a potential plaintiff would encounter in litigating a case, and includes exemplary cases. Finally, the article suggests circumstances under which private environmental litigation could become a reality in Russia.