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

28 Pages Posted: 22 Aug 2015

See all articles by Elizaveta Ristroph

Elizaveta Ristroph

University of Hawaii at Manoa

Ilya Fedyaev

Moscow State Institute of International Relations (MGIMO)

Date Written: August 20, 2006

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.

Suggested Citation

Ristroph, Elizaveta and Fedyaev, Ilya, Obstacles to Environmental Litigation in Russia and the Potential for Private Actions (August 20, 2006). Environs Environmental Law and Policy Journal, Vol. 29, No. 1, 2006, Available at SSRN: https://ssrn.com/abstract=2648730

Elizaveta Ristroph (Contact Author)

University of Hawaii at Manoa ( email )

Department of Urban and Regional Planning
Saunders Hall 107 2424 Maile Way
Honolulu, HI NA 96822
United States

Ilya Fedyaev

Moscow State Institute of International Relations (MGIMO) ( email )

Moscow
Russia

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