December 5, 2022
In the U.S., courts play a critical role in addressing the dangers of pollution to public health and the environment. While legislatures create environmental protections, executive agencies often fail to fully implement or enforce these laws, leaving the public to turn to the legal system to hold polluters accountable.
To bring environmental cases in court, individuals must have both a cause of action (a legal claim) and standing to sue (the right to bring the claim). Requirements for meeting these standards differ between federal and state courts and vary by state, creating a confusing patchwork that limits access to justice.
The Maryland General Assembly should enact comprehensive environmental laws to expand access to state courts and strengthen recourse for communities seeking to enforce environmental protections. These recommendations, along with additional proposals, are detailed in a new policy brief by Chesapeake Legal Alliance, Waterkeepers Chesapeake, and the Center for Progressive Reform.
