engleski

Class Action Suits in U.S. Environmental Law and Their Application in Civil Law Countries

Class action suits before U.S. federal courts and the U.S. Supreme Court are confronted with a number of legal, political and constitutional restraints. However, class actions have established their consitutional place in environmental litigation, with regard to environmental wrongs in various situations. Overall, the intellectual disagreement and political hostilities in the U.S. against class action suits in the area of toxic pollution torts have weakened. Within civil law countries, one cannot find similar comparisons. The right to allow an organization to plea damages on behalf of the represented members remains a rare exception. Class actions are a necessity in America rather than in Europe, as a multiplicity of solutions is always beneficial to the public at large.

class action; environmental law; civil procedural law; civil law countries

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