environmental law Archives

Environmental Groups and Legal Expertise explores the use and understanding of law and legal expertise by environmental groups. Rather than the usual focus on the court room, it scrutinises environmental NGO advocacy during the extraordinarily dramatic Brexit process, from the referendum on leaving the EU in June 2016 to the debate around the new Environment Bill in the first half of 2020.There is generally a weak understanding of both the complexity and the potential of legal expertise in the environmental NGO community. Legal expertise can be more than a tool for campaigners, and more than litigation: it provides distinctive ways of both seeing the world and changing the world. The available legal resource in the sector is not just a practical limit on what can be done, but spills into the very understanding of what should be done, and what resource is needed. Mutually reinforcing links between capacity, understanding, culture and investment affect legal expertise across the board.

There are, however, pockets of sophisticated legal expertise in the community, and legal expertise was heavily and often effectively used in the anomalously law-heavy Brexit-environment debate. The ability to call on thinly spread legal expertise in a crisis was in part due to effective NGO collaboration around Brexit-environment.

Why, when so many people understand the severity of environmental problems, is progress so slow and sustainability such a distant goal? What gets in the way? Perhaps you have immediately thought of several barriers. In Obstacles to Environmental Progress, Peter Schulze identifies 18 practical obstacles that routinely and predictably hinder U.S. progress on existing environmental problems. The obstacles apply to problems small and large and, in most cases, regardless of whether an issue is controversial. Though the book focuses on the U.S., most of the obstacles pertain elsewhere as well.

The obstacles fall into three categories: challenges to anticipating, detecting, and understanding problems; political and economic factors that interfere with responding; and obstacles to effective responses. While all the obstacles are predictable and common, they have not been systematically studied as related phenomena, perhaps because they span a wide range of academic disciplines.

In practice, they often arise as surprises that are then addressed in an ad hoc manner. Might they be better understood and thus more readily anticipated and overcome or avoided?

The book seeks to hasten environmental progress by forewarning and thus forearming those who are striving or will soon be striving for environmental progress, and by drawing scholarly attention to the obstacles as a set of related phenomena to systematically understand and more quickly overcome.