lawsuits 563
Lawsuits
To protect our
rights we must
One way that environmental rights and
use the law.
justice can be won is by going to court to sue
companies that violate national or international
laws. A successful lawsuit against a polluting
industry or company not only protects the people
immediately affected, it also protects people in
other places and future generations.
But to
make the
law work,
we must
struggle for
our rights!
Will a lawsuit help your community?
Lawsuits have been used successfully in many
struggles for environmental justice. But lawsuits
are very expensive and they often take many years.
If the lawsuit is against a corporation outside of your
country, some international organizations may be able
to help you find free lawyers (see Resources).
Even when a country has laws to protect health and the environment,
it can be difficult to win a lawsuit in court. If the laws are not often used,
judges and lawyers may not be aware of them. And in many countries,
especially where corporations are very powerful, corruption among judges
and politicians makes it difficult for poor communities to claim their rights.
Unfortunately, there are many more unsuccessful lawsuits than successful
lawsuits.
Before beginning a lawsuit against a corporation, industry, or government,
think about whether it is the best use of your community resources. These are
some things to consider.
Think about your goals
It is important to know exactly what you want a lawsuit to achieve. Then
decide if a lawsuit is the best way to reach that goal. Do you want a
company or the government to:
• clean up an oil spill or other toxic pollution?
• pay people for damages to their health, land, or resources?
• shut down and leave the region or country?
• avoid the pollution in the first place?
A legal battle can mobilize and educate the community. But actions such
as boycotts, sit-ins, strikes, or public information campaigns may lead to
negotiations or political settlements more quickly and easily than a long legal
battle. Consider if these kinds of actions will be easier and more effective for
your community to undertake than a lawsuit. Also consider if using both legal
action and direct action will help your community to win.
A Community Guide to Environmental Health 2012