Keith Mack
Environmental law cases are heard in a variety of courts, depending on the nature and scope of the case. In the United States, environmental lawsuits are often heard in federal courts, with the Supreme Court interpreting federal statutes and reviewing actions by the Environmental Protection Agency (EPA) and other agencies. Climate change litigation has been brought before various federal courts, including the D.C. Circuit Court and state courts such as the Hawai'i Circuit Court. The Supreme Court has also played a significant role in shaping environmental law through landmark cases like Sierra Club v. Morton, which enabled environmental groups to sue over government actions. Additionally, organizations like Earthjustice have fought legal battles in state courts, such as the case involving live-fire training operations at the Mākua Military Reservation on Oʻahu, Hawaiʻi.
| Characteristics | Values |
|---|---|
| Environmental law cases heard in the US Supreme Court | Coeur Alaska, Inc. v. Southeast Alaska Conservation Council (2009), Burlington Northern & Santa Fe Railway Co. v. U.S. (2009), U.S. v. Atlantic Research Corp. (2007), Lujan v. Defenders of Wildlife (1992), Babbitt v. Sweet Home (1995), American Electric Power Co. v. Connecticut, Seven County Infrastructure Coalition v. Eagle County, Colorado (2025), City and County of San Francisco v. EPA (2025) |
| Environmental law cases heard in other courts | Challenge to the U.S. Environmental Protection Agency's extension of the reporting deadline for 2024 data under the Greenhouse Gas Reporting Rule (N.D. Ill.), Pro se plaintiff's lawsuit claiming the U.S. Environmental Protection Agency imposed an illegal "five-year commercialization rule" for grants under the Inflation Reduction Act's Greenhouse Gas Reduction Fund (D.R.I.), Lawsuits challenging the EPA's freezing and purported termination of funding under the Inflation Reduction Act's Greenhouse Gas Reduction Fund (D.C. Cir.), State of Hawai'i's lawsuit alleging that fossil fuel industry defendants' misrepresentations and concealment regarding the climate impacts of fossil fuel products led to climate change harms (Haw. Cir. Ct.), Freedom of Information Act lawsuit to compel the Trump administration to disclose correspondence and records regarding changes to vehicle standards (D.D.C.), Challenge to the National Marine Fisheries Service's issuance of a new "Biological Opinion on the Federally Regulated Oil and Gas Program Activities in the Gulf of America" (D. Md.), Challenge to the freezing and purported termination of funds under the Clean Communities Investment Accelerator (CCIA) fund under the Inflation Reduction Act's Greenhouse Gas Reduction Fund (W.D. La.), Lawsuit to compel the Bureau of Ocean Energy Management to require revisions of development and production plans prior to resumption of oil and gas activities (C.D. Cal.) |
| Landmark environmental law cases | A case that reached the Hawaiʻi Supreme Court affirmed the legal principle of water as a public resource (2014), Earthjustice went to court for 20 years to force the U.S. Army to stop live-fire training operations at the Mākua Military Reservation on Oʻahu |
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What You'll Learn
US Supreme Court
Environmental law cases are often heard in the US Supreme Court, which has played a pivotal role in shaping environmental law and policy in the United States. The Supreme Court interprets federal statutes, reviews actions by the Environmental Protection Agency (EPA), and other agencies, and addresses constitutional questions related to environmental protection.
The Supreme Court's rulings on environmental law have set important precedents and established guidelines for addressing environmental issues and conservation efforts. For example, in Massachusetts v. EPA (2007), the Court ruled that the EPA has the authority to regulate greenhouse gas emissions under the Clean Air Act, marking a significant victory for environmentalists. In Tennessee Valley Authority v. Hill (1978), the Court held that the Endangered Species Act takes precedence over other laws, demonstrating the Court's influence on species protection.
The Supreme Court has also weighed in on the scope of regulatory authority and the balance between environmental protection and economic development. In Union Electric Co. v. EPA (1976), the Court addressed the factors considered in comprehensive environmental impact statements under the National Environmental Policy Act, emphasising the role of federal agencies in technical assessments. Vermont Yankee Nuclear Power Corp. v. NRDC (1978) further elaborated on the concept of alternatives in environmental impact statements, highlighting the boundaries of procedural requirements for federal agencies and reviewing courts.
The Supreme Court continues to hear cases that shape the future of environmental law. For instance, the Court's recent decision in West Virginia v. EPA (2022) struck down the EPA's Clean Power Plan and introduced an exception to the Chevron doctrine of judicial deference to agency interpretations. Additionally, the Court heard arguments in 2025 on whether states can challenge federal environmental rules in more favourable courts, potentially influencing the venue for lawsuits over national versus regional environmental issues. These cases reflect the dynamic and evolving nature of environmental law and the Supreme Court's role in interpreting and enforcing environmental protections.
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Federal government's role
The federal government plays a crucial role in environmental law cases in the United States. Federal agencies, such as the Environmental Protection Agency (EPA), are responsible for implementing and enforcing environmental laws and regulations. The EPA, for instance, is tasked with addressing issues related to air and water pollution, hazardous waste disposal, and the protection of endangered species.
One of the key roles of the federal government is to ensure that federal laws and regulations are followed. This includes interpreting and enforcing statutes, such as the National Environmental Policy Act (NEPA), which requires federal agencies to assess the environmental impact of their proposed actions. Federal courts, including the Supreme Court, play a vital role in interpreting these federal statutes and reviewing the actions of federal agencies like the EPA.
Federal courts also hear cases involving disputes between states or between a state and the federal government. For example, in the case of *New York v. U.S.* (1992), the Supreme Court addressed the power of Congress to compel states to provide for the disposal of radioactive waste. Additionally, federal courts hear cases involving federal common law, such as the Clean Air Act, which addresses carbon dioxide emissions from power plants.
Furthermore, the federal government has a responsibility to ensure that its actions and those of its agencies do not result in environmental harm. Citizens can file lawsuits challenging irregular procedures or seeking access to environmental information. In some instances, as seen in the case of *City of Chicago v. Environmental Defense Fund* (1994), citizens or organisations can bring lawsuits against federal agencies for failing to comply with environmental regulations.
The federal government also has a duty to protect the rights of citizens and communities, especially those disproportionately impacted by environmental issues. For instance, in a case in Louisiana, the Nuclear Regulatory Commission denied a permit for a uranium enrichment plant, citing the potential adverse effects on low-income communities of colour. This case set a precedent for considering environmental justice in decision-making.
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Environmental Protection Agency (EPA)
The Environmental Protection Agency (EPA) is the main government agency in the field of environmental law. Environmental law cases often require the Supreme Court to interpret federal statutes and review actions by the EPA and other agencies. The Supreme Court may take a narrower view of EPA authority in the near future.
Cases involving the EPA include:
- Alaska Dept. of Environmental Conservation v. EPA (2004)
- Oklahoma v. Environmental Protection Agency
- Environmental Protection Agency v. Calumet Shreveport Refining, LLC
The US Supreme Court has recently ruled on which courts can hear cases challenging actions by the EPA. The Court determined that the US Court of Appeals for the District of Columbia Circuit is the proper court to hear lawsuits challenging the EPA's actions related to air pollution and greenhouse gas emissions. This ruling held that regional appeals courts, such as the New Orleans-based 5th US Circuit Court of Appeals, do not have jurisdiction over these cases.
There has been debate over whether certain EPA regulations are reviewed in the US Court of Appeals for the District of Columbia Circuit or in regional courts. The EPA has argued that its use of a consistent methodology for all denials means that cases should be resolved nationally in a single court. However, some states and industry groups have argued that these cases should be heard in regional courts.
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State and local courts
Environmental law cases are often heard in federal courts, with the Supreme Court interpreting federal statutes and reviewing actions by the Environmental Protection Agency (EPA) and other agencies. However, state and local courts also play a crucial role in hearing and deciding environmental law cases.
In addition, state and local courts are often the venue for lawsuits brought by citizens or community organizations seeking to protect their local environment and address environmental injustices. For instance, a local court might hear a case challenging a local government's decision to approve a construction project that could harm the environment or a community's health. State and local courts also play a role in interpreting and enforcing state and local environmental laws and regulations, such as solid waste management programs.
Furthermore, state and local courts can hear cases involving challenges to the actions of state agencies or state officials. For example, a case might arise where a citizen or organization challenges the decision of a state environmental protection agency, arguing that it failed to consider the environmental consequences of a particular action. State and local courts are also responsible for hearing cases related to state-specific environmental policies and initiatives, such as those addressing climate change or local conservation efforts.
Overall, state and local courts are essential venues for hearing environmental law cases, particularly those that impact specific states, regions, or local communities. By addressing these cases, state and local courts play a vital role in protecting the environment, ensuring compliance with environmental laws, and safeguarding the health and well-being of citizens.
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International impact
International environmental law has seen some notable breakthroughs in the last few years. The United Nations Convention on the Law of the Sea, or the BBNJ Agreement, is one such example. This agreement, formally adopted in June 2023, addresses the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. It fills gaps in the 1982 UNCLOS, particularly regarding ocean governance in the high seas and the International Seabed Area.
Another notable development is the growing body of case law driven by specialist courts and tribunals operating within specific fields of international law, such as human rights law and international investment law. For instance, in the case of Norma Portillo Cáceres and others v Paraguay, the Human Rights Committee explained how the International Covenant on Civil and Political Rights (ICCPR) can be used to enhance environmental protection. This case addressed the impact of agribusiness and the use of pesticides on local communities in Paraguay.
Internationally, concerns about progress on climate change have invoked the use of other international regimes to encourage states to meet global temperature targets. The Paris Agreement is another example of an international accord that has had an impact on environmental law, with its focus on reducing greenhouse gas emissions and addressing climate change.
The global biodiversity regime has also seen major developments, with breakthroughs in diplomatic negotiations in 2022-23. These negotiations focused on biodiversity, climate change, and environmental rights, with an emphasis on developing an ocean governance framework.
Overall, international environmental law continues to evolve, with contributions from both specialist and domestic courts, as well as ad hoc arbitral tribunals, all working towards the common goal of protecting our planet and its resources.
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Frequently asked questions
Environmental law cases in the US are heard in the Supreme Court.
An example of an environmental law case heard in the US Supreme Court is *Coeur Alaska, Inc. v. Southeast Alaska Conservation Council* (2009).
The case was about whether the Army Corps of Engineers or the EPA had the authority to grant permits for discharging processed wastewater into an Alaska lake.
Some other examples of environmental law cases heard in the US include *City and County of San Francisco v. EPA* (2025), *Seven County Infrastructure Coalition v. Eagle County, Colorado* (2025), and *Babbitt v. Sweet Home* (1995).
Yes, international environmental law cases do exist. For example, Earthjustice brought a case to the Hawaiʻi Supreme Court, which affirmed the legal principle of water as a public resource.
