January 01, 2020

Literary Resources

Reviewed by Madeline June Kass


Environmental Litigation: Law and Strategy

Karen A. Brown and Andreas M. Hogan, eds.

ABA Section of Environment, Energy, and Resources, Second Edition, 2019

This second edition of the ABA Section of Environment, Energy, and Resources publication Environmental Litigation: Law and Strategy is a detailed compendium written specifically for environmental litigators. This book addresses the special nature of environmental litigation by focusing on “how environmental issues are addressed and resolved though litigation.” Editors Karen A. Brown and Andreas M. Hogan start out explaining why––despite certain inherent similarities to litigation generally––environmental litigation presents a “special” case. First, “litigation challenges presented by an environmental case frequently are idiosyncratic if not unique.” Second, “although the courts have been a forum for social change many times in our nation’s history, at this particular time no other litigation discipline presents the same ‘big social questions’ as environmental litigation.” The editors illustrate this point by noting the daily barrage of news coverage on global climate change and the increasing frequency of climate litigation playing out in the courts. Third, “the scope of what qualifies as ‘environmental litigation’ is huge, as evidenced by “dozens of federal statutes, scores of state statutes, hundreds of common law rules, and thousands of pages of regulations to be accounted for.” Addressing this special nature of environmental litigation, the book covers a wide range of topics from the perspectives of over 20 private practitioners, current and former government attorneys, and academic authors.

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