Environmental Lawsuit: A Comparative, Analytical, and Applied Study

Abstract

        One of the most essential pillars of human life is the enjoyment of full physical health. However, the economic and technological developments of modern life have prevented individuals from fully attaining this vital element. This is due to industrial advancements which-despite their significant role in our contemporary era-have caused severe damage to the environment and its natural components, thereby posing a clear threat to human health. Environmental pollution harms the environment in ways that endanger its natural elements, and, consequently, inflicts damage upon individuals, threatening both their health and property. As a result, environmental lawsuits have increased, brought by those harmed by environmental pollution. Since environmental harm typically affects a group of individuals, the environmental claim may take the form of an individual action or, alternatively, a collective (class) action, with each type subject to specific requirements for filing. The court competent to hear such claims is the civil court when the subject matter of the environmental dispute is civil in nature, such as claims for pecuniary or in-kind compensation for environmental damage. However, certain forms of environmental harm may amount to criminal offenses, in which case jurisdiction lies with the criminal courts.