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130-422: The Pacific Legal Foundation ( PLF ) is an American nonprofit public interest law firm established for the purpose of defending and promoting individual freedom. PLF attorneys provide pro bono legal representation, file amicus curiae briefs, and hold administrative proceedings with the stated goal of supporting property rights , equality and opportunity , and the separation of powers . The organization

260-611: A "Liberty Clinic" at Chapman University's Fowler School of Law, where a PLF attorney supervises a trial-court program as part of the law school's Constitutional Jurisprudence Clinic. Students in the clinic had hands-on roles in ongoing court cases and learn how strategic litigation works. This is no longer available at Chapman University. In 2018, PLF began teaching a seminar and field placement at UC Berkeley School of Law on strategic constitutional litigation. The seminar, taught by PLF Executive Vice President and General Counsel John M. Groen, focuses on property rights and economic liberty. In

390-420: A "certificate of need" from the government to which businesses currently engaged in the occupation may object to the competition. PLF represented Arty Vogt from Lloyd's Transfer & Storage in a challenge to West Virginia's CON law regulating interstate movers, which required new moving companies in the state to be approved by incumbents. The case concluded in 2017 when the state passed a law effectively repealing

520-515: A challenge to California licensing of pest control. The Ninth Circuit Court of Appeals ruled that "economic protectionism for its own sake, regardless of its relation to the common good, cannot be said to be in the furtherance of a legitimate governmental interest." PLF has participated in cases challenging affirmative action policies, both under the federal Constitution's Equal Protection Clause and state constitutional provisions such as California's Proposition 209 and Washington's Initiative 200. At

650-481: A common denominator for public interest lawyers in the United States and in a growing number of countries remains the ethic of “fighting for the little guy”—that is, representing the underrepresented and vulnerable segments of society. Public interest law is institutionalized in the United States. Nongovernmental organizations that work to promote and protect human rights using the U.S. legal system, fight to protect

780-664: A consistent basis in Hong Kong are also members of political parties or active participants in social movements outside the courts. In Hong Kong, the Legal Aid Department provides funding to legal services for those who pass the means and merits test. The two Legal Aid Schemes that it operates, namely the Ordinary Legal Aid Scheme (OLAS) and the Supplementary Legal Aid Scheme (SLAS) have facilitated

910-565: A core concept of international environmental discussion ever since, including at the World Summit on Sustainable Development (Earth Summit 2002), and the United Nations Conference on Sustainable Development (Earth Summit 2012, or Rio+20). Defined by UNEP to include intergenerational equity – "the right of future generations to enjoy a fair level of the common patrimony" – and intragenerational equity – "the right of all people within

1040-780: A country's legal system is completely divorced from its moral values, people may not abide by the laws and they will lose their significance and effectiveness. Despite environmental regulations, the water in India's River Ganges remains poor as an example. According to the International Network for Environmental Compliance and Enforcement (INECE), the major environmental issues in Africa are "drought and flooding , air pollution, deforestation , loss of biodiversity , freshwater availability, degradation of soil and vegetation, and widespread poverty." The U.S. Environmental Protection Agency (EPA)

1170-432: A demand for new approaches to development. In conjunction with this need, the principle of "Buen Vivir," or good living – focused on social, environmental and spiritual wealth versus material wealth – gained popularity among citizens and was incorporated into the new constitution. The influence of indigenous groups, from whom the concept of "Buen Vivir" originates, in the forming of the constitutional ideals also facilitated

1300-424: A favorable ruling; a negative ruling could produce more damage to the human rights cause than no ruling at all. The European Court had a rich case law that could provide clues to how a future case might be decided, and there were procedural aspects, such as the requirement to exhaust domestic remedies, to consider. The core lesson from the U.S. experience for local activists was how courts could be used effectively as

1430-541: A further Act to build the London sewerage system . London also suffered from terrible air pollution , and this culminated in the " Great Smog " of 1952, which in turn triggered its own legislative response: the Clean Air Act 1956 . The basic regulatory structure was to set limits on emissions for households and businesses (particularly burning of coal ) while an inspectorate would enforce compliance. Chemical safety laws govern

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1560-513: A harmonious society, and non-governmental actors have significantly improved the enforcement of rights for migrant workers, women, children and those suffering from environmental degradation , among others. For example, public interest lawyers in China have filed lawsuits in court successfully challenging workplace sexual harassment and the involuntary confinement of healthy people to mental hospitals. Chinese reformers believe that one avenue for speeding

1690-537: A large extent allowed themselves to become adjuncts of great corporations and have neglected their obligation to use their powers for the protection of the people." In the late 1960s and 1970s, large numbers of American law school graduates began to seek "relevance" in their work—wishing to affect the social issues that were so visibly and hotly debated within American society at that time. They defined themselves as public interest lawyers in order to distinguish themselves from

1820-487: A legal obligation of a clean environment, by establishing a principle of compensation and a foundation of criminal nature. By this phenomenon , Congolese environmental law is situated between non-regression and the search for efficiency." With the enactment of the 2008 Constitution , Ecuador became the first country in the world to codify the Rights of Nature . The Constitution, specifically Articles 10 and 71–74, recognizes

1950-474: A legal structure to collect license fees and other money which is used to fund conservation efforts as well as to obtain harvest information used in wildlife management practice. Environmental law has developed in response to emerging awareness of—and concern over—issues impacting the world. While laws have developed piecemeal and for a variety of reasons, some effort has gone into identifying key concepts and guiding principles common to environmental law as

2080-431: A means for protecting species deemed important for other reasons. Regulatory efforts may include the creation of special conservation statuses , prohibitions on killing, harming, or disturbing protected species, efforts to induce and support species recovery, establishment of wildlife refuges to support conservation, and prohibitions on trafficking in species or animal parts to combat poaching . Fish and game laws regulate

2210-401: A move which he claimed would increase black and Hispanic diversity in those schools. PLF represents Asian-American parents and advocacy groups who claim that the mayor's plans discriminate against Asian-American students and amounts to unconstitutional racial balancing. PLF has litigated several cases arguing for citizen access to judicial review. In Sackett v. Environmental Protection Agency ,

2340-402: A primary treaty. They exist in many areas of international law but are especially useful in the environmental field, where they may be used to regularly incorporate recent scientific knowledge. They also permit countries to reach an agreement on a framework that would be contentious if every detail were to be agreed upon in advance. The most widely known protocol in international environmental law

2470-481: A pro bono basis. In addition, unlike in the United States where NGOs and public interest law groups routinely bring public interest lawsuits on behalf of aggrieved individuals, in-house counsel working in NGOs and charities in Hong Kong are not allowed to directly represent the people these organizations serve. Some commentators believe that the inability of NGOs to directly represent clients in legal proceedings has dampened

2600-399: A reaction to a combination of political, economic, and social phenomena. Ecuador's abusive past with the oil industry , most famously the class-action litigation against Chevron , and the failure of an extraction-based economy and neoliberal reforms to bring economic prosperity to the region has resulted in the election of a New Leftist regime, led by President Rafael Correa , and sparked

2730-561: A reason for postponing cost-effective measures to prevent environmental degradation . The principle may play a role in any debate over the need for environmental regulation. The polluter pays principle is the idea that "the environmental costs of economic activities, including the cost of preventing potential harm, should be internalized rather than imposed upon society at large." All issues related to responsibility for cost for environmental remediation and compliance with pollution control regulations involve this principle. Environmental law

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2860-446: A result of environmental regulations, which can ultimately create an additional barrier to entry for new firms, thus stifling competition and innovation. Global and regional environmental issues are increasingly the subject of international law . Debates over environmental concerns implicate core principles of international law and have been the subject of numerous international agreements and declarations. Customary international law

2990-675: A result, the limitations based on racial percentages were no longer in effect. In Chu v. Rosa , a dispute arose regarding the New York State Science and Technology Entry Program (STEP), an educational enrichment statute. This program provided opportunities for students who met specific eligibility criteria, which included being part of minority groups in the United States or being economically disadvantaged. However, STEP defined minority status to include individuals from only specific racial or ethnic backgrounds, such as black, Hispanic, Native American, or Alaskan Native. PLF in conjunction with

3120-480: A right to challenge oppressive land-use laws under the Takings Clause—even if the laws predate ownership. Knick v. Township of Scott (2019) established that a property owner has an immediate right to seek redress in the federal courts when a state or local government takes an action that impairs her property rights. Suitum v. Tahoe Regional Planning Agency (1996) established that a home builder’s takings claim

3250-401: A significant current in public interest lawyering has always emphasized the need to provide legal services to those living in poverty. The term has grown, however, to encompass a broader range of activities of lawyers and non-lawyers working toward a multitude of objectives, including civil rights, civil liberties, women's rights, consumer rights, environmental protection, and so on. Nevertheless,

3380-483: A significant legal precedent in the realm of public contracting and anti-discrimination laws. In its efforts to eradicate racial discrimination, PLF has been involved in litigations such as Coalition for TJ v. Fairfax County School Board , in which it won in the district court. The case was about Thomas Jefferson High School in Fairfax, Virginia, changing its standardized testing procedures to favor certain racial groups at

3510-636: A tool for civil society engagement in governance. The changes to the Italian electoral law from 2014 to 2017 were both "caused by actions born from the bottom (...) the result of a methodical, studied and concerted action. It has been featured by university professors, constitutional and electoral law-makers, parliamentarians and other elected representatives (...), representatives of civil society and ordinary citizens. Their names are, as voters, in more than twenty introductory pleadings (quotations or appeals)", all of them brought pro bono . Public interest law (公益法)

3640-533: A whole. Some laws are seen as temporary or transitional where political realities prevent adoption of more ideal rules. Pope Francis in his 2015 encyclical letter Laudato si' acknowledged that "political realism may call for transitional measures and technologies, so long as these are accompanied by the gradual framing and acceptance of binding commitments". The principles discussed below are not an exhaustive list and are not universally recognized or accepted. Nonetheless, they represent important principles for

3770-818: A “regulatory taking” and established the “essential nexus test” used in unconstitutional conditions analyses. The Foundation's attorneys have successfully argued five takings cases at the United States Supreme Court : Nollan v. California Coastal Commission , Suitum v. Tahoe Regional Planning Agency , Palazzolo v. Rhode Island , Koontz v. St. Johns River Water Management District , and Knick v. Township of Scott, Pennsylvania . PLF has litigated housing and zoning issues in lower courts. PLF successfully challenged San Francisco's "Relocation Assistance Payment Ordinance", which required landlords to pay tenants to regain personal use of their property. Palazzolo v. Rhode Island (2001) established that home builders have

3900-433: Is a continuing source of controversy. Debates over the necessity, fairness, and cost of environmental regulation are ongoing, as well as regarding the appropriateness of regulations versus market solutions to achieve even agreed-upon ends. Allegations of scientific uncertainty fuel the ongoing debate over greenhouse gas regulation, and are a major factor in debates over whether to ban particular pesticides. In cases where

4030-407: Is a term that became widely adopted in the United States during and after the social turmoil of the 1960s. It built on a tradition exemplified by Louis Brandeis , who before becoming a U.S. Supreme Court justice incorporated advocacy for the interests of the general public into his legal practice. In a celebrated 1905 speech, Brandeis decried the legal profession, complaining that "able lawyers have to

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4160-565: Is also legal in other states such as Arizona , Massachusetts , and Montana . PLF has helped pass legislation in Wisconsin , Montana , and North Dakota to end home equity theft. PLF has frequently litigated property disputes along the coast and other shorelines, including several cases challenging actions by the California Coastal Commission . The organization argues there is no conflict between private ownership of shoreline and

4290-399: Is an accepted term in China, where the basic institutions supporting the rule of law are still extremely nascent. China does not have a common-law system in which lawyers are expected to play a key role in "making law." Nevertheless, a small but effective community of lawyers has gained acceptance of public interest litigation as a legitimate means of resolving social issues and contributing to

4420-403: Is an important source of international environmental law. These are the norms and rules that countries follow as a matter of custom and they are so prevalent that they bind all states in the world. When a principle becomes customary law is not clear cut and many arguments are put forward by states not wishing to be bound. Examples of customary international law relevant to the environment include

4550-604: Is being put to good use. They will be more likely to donate again if there are concrete outcomes from their donations. The need for outcomes inhibits these organizations from working on more complex problems that tend to have less discrete solutions. It is easier to take on similar cases in order to attract the same donors that were moved to donate in the past. Grassroots organizing and coalition building, because they are not as visible as high profile litigation are not prioritized when resources are limited. However, in order to empower communities, grassroots organizing and coalition building

4680-463: Is currently in the process of developing more stringent legal controls. The harmonization of Chinese society and the natural environment is billed as a rising policy priority. Environmental lawsuits have been available in China since the early 2000s. Public protest, however, plays a greater role in shaping China's environmental policy than litigation does. In the Republic of Congo , inspired by

4810-537: Is enforced by the Central Pollution Control Board and the numerous State Pollution Control Boards. Apart from this, there are also individual legislation specifically enacted for the protection of Water, Air, Wildlife, etc. Such legislations include : The Basic Environmental Law is the basic structure of Japan's environmental policies replacing the Basic Law for Environmental Pollution Control and

4940-542: Is focused on the "growing urban and industrial pollution, water quality, electronic waste and indoor air from cookstoves." They hope to provide enough aid on concerns regarding pollution before their impacts contaminate the African environment as well as the global environment. By doing so, they intend to "protect human health, particularly vulnerable populations such as children and the poor." In order to accomplish these goals in Africa, EPA programs are focused on strengthening

5070-646: Is ripe for judicial review when the impact of a law on property use is known to a “reasonable degree of certainty” or where the government has no meaningful discretion to reduce a land use law's impact. Shands v. City of Marathon (2023) established the precedent that the government can be found to have taken an owner's property without just compensation when it denies their right to build a house due to environmental restrictions. Additionally, PLF's property rights cases have focused on environmental regulations . PLF's environmental law litigation has frequently involved challenges to federal regulation of private property under

5200-412: Is seen as the body of laws concerned with the protection of living things (human beings inclusive) from the harm that human activity may immediately or eventually cause to them or their species, either directly or to the media and the habits on which they depend. Examples of laws designed to preserve the environment for its own sake or for human enjoyment are found throughout history. In the common law ,

5330-499: Is split between private and public management, with public forests being sovereign property of the State. Forestry laws are now considered an international affair. Wildlife laws govern the potential impact of human activity on wild animals, whether directly on individuals or populations, or indirectly via habitat degradation. Similar laws may operate to protect plant species. Such laws may be enacted entirely to protect biodiversity , or as

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5460-714: Is summed up by former Senator and founder of Earth Day Gaylord Nelson , "The economy is a wholly owned subsidiary of the environment, not the other way around." Furthermore, environmental issues are seen by many as having an ethical or moral dimension, which would transcend financial cost. Even so, there are some efforts underway to systemically recognize environmental costs and assets, and account for them properly in economic terms. While affected industries spark controversy in fighting regulation, there are also many environmentalists and public interest groups who believe that current regulations are inadequate, and advocate for stronger protection. Environmental law conferences – such as

5590-885: Is the Kyoto Protocol , which followed from the United Nations Framework Convention on Climate Change . While the bodies that proposed, argued, agreed upon, and ultimately adopted existing international agreements vary according to each agreement, certain conferences, including 1972's United Nations Conference on the Human Environment , 1983's World Commission on Environment and Development , 1992's United Nations Conference on Environment and Development , and 2002's World Summit on Sustainable Development have been particularly important. Multilateral environmental agreements sometimes create an International Organization, Institution or Body responsible for implementing

5720-461: Is the first and oldest libertarian public interest law firm, having been founded in 1973. Pacific Legal Foundation is primarily funded by donations from individuals, foundations, associations, and small businesses. Except for court-awarded attorney fees for case victories, the organization receives no government funding. The foundation is generally described as supporting libertarian or conservative causes. As of April 2024, PLF has won 18 cases before

5850-595: Is very important and has led to significant social reforms in the past. An overall lack of funds necessary to meet the legal needs of the poor and underrepresented is one of the most significant issues facing organizations. Legal aid clinics across the country are forced to decline many of the requests they receive because of lack of resources. Lack of resources and failure to coordinate with individuals causes low-income household to obtain legal aid for less than 20% of their legal needs. During periods of increased hostility toward minorities, lawyers are forced to prioritize only

5980-584: Is well established in the United States, provides opportunities for law students to do practical legal work on basic legal matters as well as more complex public interest issues, such as women's rights, anti-discrimination law, constitutional rights, and environmental protection, among others. Some law schools have public interest law centers, which advise law students interested in pursuing public interest law careers. Pro bono programs at bar associations and law firms provide opportunities for commercial lawyers to donate time to public interest law activities. Most of

6110-601: The Clean Water Act or the Endangered Species Act , including five victories at the U.S. Supreme Court. PLF attorneys represented a Minnesota property owner who was denied the right to build on his property in Contoski v. Scarlett , a case that resulted in the removal of the bald eagle from the endangered species list. PLF argued that the U.S. Fish and Wildlife Service failed to delist the species after it concluded that

6240-731: The HEROES Act did not authorize the student debt cancellation, effectively ending the program. PLF opposes judicial deference, the practice of courts yielding its judgement to another party, particularly a regulatory agency. The Ohio Supreme Court struck down judicial deference at the state level in a PLF case, TWISM Ents., LLC v. State Bd. of Registration for Professional Engineers & Surveyors. In March 2024, lawmakers in Indiana, Nebraska, and Idaho passed bills to end judicial deference practices in each state. The bills were based on model legislation developed by PLF and The Goldwater Institute , known as

6370-900: The Hong Kong Bar Association and The Law Society of Hong Kong jointly provides the Duty Lawyer Scheme which offers free legal representation to eligible defendants on the first day of court appearance. They also run the Free Legal Advice Scheme at their Legal Advice Centres within nine District Offices in Hong Kong with the aim to provide one-off preliminary legal advice to the general public without imposing any means test. The Hong Kong Bar Association and The Law Society of Hong Kong operate their own Bar Free Legal Service Scheme and Free Legal Consultation Scheme respectively where enrolled law firms and barristers specializing in different fields volunteer to give consultations on

6500-816: The Legal Insurrection Foundation represented the plaintiffs in a federal lawsuit related to this matter. In 2018, PLF filed a number of lawsuits on behalf of boys seeking to compete on high school dance teams. In South Dakota, the South Dakota High School Activities Association changed their regulations to allow boys to compete in competitive dance following PLF's lawsuit. Additionally, the Minnesota State High School League also amended their rules to allow boys in competitive dance following lawsuits filed by PLF on behalf of two male students. In Hurley v. Gast ,

6630-537: The United States Supreme Court , with the most recent being Sheetz v. County of El Dorado . Incorporated in Sacramento , California , on March 5, 1973, PLF's original staff was composed mainly of individuals who had been a part of then-Governor Ronald Reagan 's welfare reform team. Operating on a proposed budget of $ 117,000 for the first 10 months of operation, PLF attorneys began litigation activities in June 1973 under

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6760-600: The " Great Stink " of 1858, the dumping of sewerage into the River Thames began to smell so ghastly in the summer heat that Parliament had to be evacuated. Ironically, the Metropolitan Commission of Sewers Act 1848 had allowed the Metropolitan Commission for Sewers to close cesspits around the city in an attempt to "clean up" but this simply led people to pollute the river. In 19 days, Parliament passed

6890-746: The "Tasmanian Dam Case", was a highly significant case in Australian environmental law. The Environment Protection and Biodiversity Conservation Act 1999 is the centerpiece of environmental legislation in Australia. It sets up the "legal framework to protect and manage nationally and internationally important flora, fauna, ecological communities and heritage places" and focuses on protecting world heritage properties, national heritage properties, wetlands of international importance, nationally threatened species and ecological communities, migratory species, Commonwealth marine areas, Great Barrier Reef Marine Park , and

7020-418: The "corporate adjuncts" referred to by Brandeis. Summing up the movement's history in the United States, Stanford University Law Professor Deborah Rhode writes: "Public interest lawyers have saved lives, protected fundamental rights, established crucial principles, transformed institutions, and ensured essential benefits for those who need them most....In virtually every major American social reform movement of

7150-547: The 2023 term. Currently, PLF has a staff of over 100 employees and three offices across the United States: Sacramento, CA; Arlington, VA; and Palm Beach Gardens, FL. In PLF property rights cases such as Nollan v. California Coastal Commission and Koontz v. St. Johns River Water Management District , the concept of regulatory takings was further defined, establishing the doctrine of “unconstitutional conditions.” These cases helped to delineate what constitutes

7280-478: The African models of the 1990s, the phenomenon of constitutionalization of environmental law appeared in 1992, which completed an historical development of environmental law and policy dating back to the years of independence and even long before the colonization. It gives a constitutional basis to environmental protection, which traditionally was part of the legal framework. The two Constitutions of 15 March 1992 and 20 January 2002 concretize this paradigm, by stating

7410-480: The California Supreme Court, PLF principal attorney Sharon L. Browne won two significant victories upholding the constitutionality of Proposition 209. In the case of Hi-Voltage Wire Works, Inc. v. City of San Jose (2000), the California Supreme Court made the decision to invalidate a racially discriminatory public contracting program, citing it as a violation of Proposition 209. This case has been hailed as

7540-630: The Center for the Separation of Powers in April 2018 with the objective of addressing the "unconstitutional regulatory state" and reinstating the structural protections for individual rights as outlined in the Constitution. PLF advocates to end the use of administrative agency adjudications and instead have regulatory disputes in federal courts. In Leachco, Inc. v. Consumer Product Safety Commission, PLF argued that

7670-537: The Courts are keen to decide the matters of public importance without delay, as the case in Shyam Sundar where the court accepted the matter even when the application was made by a letter sent through post. South Africa has seen significant public interest litigation throughout its constitutional history. During colonial and apartheid rule, public interest litigation was used as a tool of struggle to resist unjust laws. During

7800-635: The EU (so called regulations) and many directives that must be implemented into national legislation from the 27 member states (national states). Examples are the Regulation (EC) No. 338/97 on the implementation of CITES; or the Natura 2000 network the centerpiece for nature & biodiversity policy, encompassing the bird Directive (79/409/EEC/ changed to 2009/147/EC)and the habitats directive (92/43/EEC). Which are made up of multiple SACs (Special Areas of Conservation, linked to

7930-508: The Environment . Their duties include "the preservation and enhancement of the quality of the natural environment, including water, air and soil quality ; renewable resources, including migratory birds and other non-domestic flora and fauna; water; meteorology;" The Environmental Protection Act is the main piece of Canadian environmental legislation that was put into place March 31, 2000. The Act focuses on "respecting pollution prevention and

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8060-462: The European bodies gradually became more than a pro forma exercise, and civil society organizations began to make more effective use of domestic means of adjudication. But by the time local activists were ready to consider the utility of impact litigation , test cases, and other tactics familiar from the U.S. experience, they already understood that their ultimate tactical weapon in any piece of litigation

8190-662: The Indian judicial system, has shown some good examples of safeguarding the rights of the people of India and has strengthened the position of the Supreme Court of India as preeminent guardian of Fundamental Rights enumerated in the Indian Constitution . It was introduced in India around 1979-80 by the Supreme Court judges, Justice V. R. Krishna Iyer along with Justice P. N. Bhagwati . And since then there had been instances when

8320-663: The Judicial Deference Reform Act. PLF successfully challenged Minnesota polling place laws that violated voters' right to free speech in Minnesota Voters Alliance v. Mansky . The Supreme Court held 7–2 in favor of PLF's client, the Minnesota Voters Alliance, finding that the state's restrictions on clothing worn in the polling place were not reasonable and violated the First Amendment . PLF

8450-530: The Michigan Supreme Court challenging a state law which was aimed at preventing blight but allows counties to keep the entire proceeds from property auctions, even if the amount raised at auction is greater than the amount owed in back taxes. The court ruled in favor of Rafaeli and found the practice illegal under the Michigan Constitution. The practice, which PLF refers to as "home equity theft",

8580-623: The Pacific Regional Environmental Programme (SPREP) is an international organization between Australia, the Cook Islands, FMS, Fiji, France, Kiribati, Marshall Islands, Nauru, New Zealand, Niue, Palau, PNG, Samoa, Solomon Island, Tonga, Tuvalu, US, and Vanuatu. The SPREP was established in order to provide assistance in improving and protecting the environment as well as assure sustainable development for future generations. Commonwealth v Tasmania (1983), also known as

8710-542: The Senate are authorized to issue rules and regulations. It launched a legal challenge of FDA's Deeming Rule, arguing that it was signed by a career civil servant, rather than an officer of the United States as required by the appointments clause of the Constitution. In 2019, PLF released a study of 2,952 rules issued by HHS between 2001 and the beginning of the Trump administration which claimed that 71% were issued unconstitutionally,

8840-473: The South African public interest litigation sector has grown, with a number of specialist organisations being established, alongside the older generalist organisations. South Africa has since seen extensive public interest lawyering seeking to give effect to the transformative promise of the Constitution, in particular to enforce socio-economic rights and shore up democratic institutions. "Public interest law"

8970-557: The Supreme Court held that the Sacketts could go to court to challenge an EPA compliance order. In U.S. Army Corps of Engineers v. Hawkes Co., Inc , the Court held that a jurisdictional determination that the property in question constituted "waters of the United States" was a final agency action subject to judicial review. PLF has been involved in litigations to enforce the appointments clause, which stipulates that only agency officers appointed by

9100-497: The U.S. Environmental Protection Agency , "China has been working with great determination in recent years to develop, implement, and enforce a solid environmental law framework. Chinese officials face critical challenges in effectively implementing the laws, clarifying the roles of their national and provincial governments, and strengthening the operation of their legal system." Explosive economic and industrial growth in China has led to significant environmental degradation , and China

9230-1076: The Union should enter it to their national law, during 2 years. The Parliament also approved a nature restoration law which obligate members to restore 20% of degraded ecosystems (including 30% of drained peatland) by 2030 and 100% by 2050. Environmental law is rapidly growing in the Middle East. The U.S. Environmental Protection Agency is working with countries in the Middle East to improve "environmental governance, water pollution and water security, clean fuels and vehicles, public participation, and pollution prevention." The main concerns about environmental issues in Oceania are "illegal releases of air and water pollutants , illegal logging /timber trade, illegal shipment of hazardous wastes , including e-waste and ships slated for destruction, and insufficient institutional structure/lack of enforcement capacity". The Secretariat of

9360-679: The ability to enforce environmental laws as well as public compliance to them. Other programs work on developing stronger environmental laws, regulations, and standards. The Asian Environmental Compliance and Enforcement Network (AECEN) is an agreement between 16 Asian countries dedicated to improving cooperation with environmental laws in Asia. These countries include Cambodia, China, Indonesia, India, Maldives, Japan, Korea, Malaysia, Nepal, Philippines, Pakistan, Singapore, Sri Lanka, Thailand, Vietnam, and Lao PDR. The European Union issues secondary legislation on environmental issues that are valid throughout

9490-422: The agency's action "heavy-handed bureaucracy." The case was settled in 2016, with EPA dropping the fines and demands, and Johnson agreeing to plant willow trees to protect the ground from erosion. Johnson's case was highlighted by President Trump when he signed an Executive Order to reduce regulatory agencies' ability to rely on administrative guidance to justify enforcement actions against citizens. PLF has been at

9620-604: The agreement. Major examples are the Convention on International Trade in Endangered Species of Wild Fauna and Flora (CITES) and the International Union for Conservation of Nature (IUCN). International environmental law also includes the opinions of international courts and tribunals. While there are few and they have limited authority, the decisions carry much weight with legal commentators and are quite influential on

9750-466: The annual Public Interest Environmental Law Conference in Eugene, Oregon – typically have this focus, also connecting environmental law with class, race, and other issues. An additional debate is to what extent environmental laws are fair to all regulated parties. For instance, researchers Preston Teeter and Jorgen Sandberg highlight how smaller organizations can often incur disproportionately larger costs as

9880-584: The bald eagle population had recovered. PLF represented Andy Johnson in a dispute with the Environmental Protection Agency. Johnson built a stock pond on his property in Wyoming to provide water for his cattle. EPA found that he had violated the Clean Water Act, demanded that he remove the pond, and fined him $ 37,500 per day, eventually resulting in $ 16 million in fines. Wyoming's senators called

10010-471: The current generation to fair access to the current generation's entitlement to the Earth's natural resources" – environmental equity considers the present generation under an obligation to account for long-term impacts of activities, and to act to sustain the global environment and resource base for future generations. Pollution control and resource management laws may be assessed against this principle. Defined in

10140-739: The development of international environmental law. One of the biggest challenges in international decisions is to determine an adequate compensation for environmental damages. The courts include the International Court of Justice (ICJ), the International Tribunal for the Law of the Sea (ITLOS), the European Court of Justice , European Court of Human Rights and other regional treaty tribunals. Previous research found that economic development level and

10270-439: The development of public interest law is implementing an associational standing rule by which organizations can instigate lawsuits to protect the interests of its members. Currently, China's Civil Procedure Law is undergoing revision. One of the proposed amendments would create a form of associational standing. In theory, the new law would give domestic NGOs the power to file lawsuits in their own name on behalf of their members, but

10400-454: The direction of Ronald A. Zumbrun, PLF's first president. PLF was the first organization in a movement of freedom-based public interest law firms (PILF) in the early 1970s. In describing the reasons for starting PLF, Raymond Momboisse, one of the founders, asserted that PLF represented "the free enterprise system and the little guy." PLF won its first Supreme Court case in 1987 and has since argued 20 cases, with three having been litigated in

10530-674: The district court ruled in favor of Hurley, finding that Iowa had failed to demonstrate how its sex-based classification “a presumptively invalid state action,” could withstand heightened scrutiny. The court concluded that Iowa Code § 46.2(1) violated the Equal Protection Clause of the Fourteenth Amendment of the United States Constitution. The court further ordered the State Court Administrator to cease

10660-550: The duty to warn other states promptly about icons of an environmental nature and environmental damages to which another state or states may be exposed, and Principle 21 of the Stockholm Declaration ('good neighborliness' or sic utere). Given that customary international law is not static but ever evolving and the continued increase of air pollution (carbon dioxide) causing climate changes, has led to discussions on whether basic customary principles of international law, such as

10790-576: The early 1990s, the national legal systems of Central and Eastern Europe were still in a formative stage. The most important source of legal authority for the new human rights groups came from outside the region: the Council of Europe , with its European Convention on Human Rights , and the European Court of Human Rights . Over time, in the mid-1990s, U.S. experiences became more relevant. The Council of Europe's prerequisite that lawyers use their own country's courts first to seek legal remedies before turning to

10920-461: The enforcement of Iowa Code § 46.2(1), removing gender balancing from future elections. In 2018, PLF sued New York Mayor Bill de Blasio , challenging his proposed changes to the admissions policies of New York City's specialized high schools. De Blasio proposed expanding the Discovery program, which admits students just under the cutoff for the admissions test, from 6% to 20% of all students accepted,

11050-462: The environment surrounding nuclear activities. However, it has been subject to numerous reviews examining its shortcomings, the latest taking place in mid-2020. The interim report of this review concluded that the laws created to protect unique species and habitats are ineffective. The Brazilian government created the Ministry of Environment in 1992 in order to develop better strategies for protecting

11180-414: The environment, or advocate on behalf of consumers, call themselves public interest law organizations. A large community of lawyers practices public interest law in the form of providing legal aid free of charge to those who cannot afford to pay for it. However, the grim reality remains that lawyers are underpaid and grossly overworked, offering perfunctory representation. Clinical legal education , which

11310-623: The environment, using natural resources sustainably, and enforcing public environmental policies. The Ministry of Environment has authority over policies involving environment, water resources, preservation, and environmental programs involving the Amazon. The Department of the Environment Act establishes the Department of the Environment in the Canadian government as well as the position Minister of

11440-518: The expense of others. Although PLF initially won this case in the district court, the decision was reversed by the Fourth Circuit Court. The Supreme Court ultimately declined to hear the coalition’s petition by denying certiorari . In the case of public-school admissions in Hartford, Connecticut, a statewide law previously endorsed race-based discrimination by mandating that at least 25 percent of

11570-403: The field placement, students join a PLF litigation team to work on on-going court cases. PLF has litigated 20 cases before the United States Supreme Court . Its 18 victories are: Its two losses are: 38°35′00″N 121°29′33″W  /  38.5834°N 121.4924°W  / 38.5834; -121.4924 Public interest law In a celebrated 1905 speech, Louis Brandeis decried

11700-519: The forefront of the campaign to eradicate home equity theft nationwide, culminating in a landmark U.S. Supreme Court ruling in Tyler v. Hennepin County , which declared the practice unconstitutional. PLF represented Uri Rafaeli, a Michigan resident whose property was foreclosed and sold at auction for a property tax debt of $ 8.41. The county kept the entire proceeds from the auction, over $ 24,000. PLF won its case at

11830-580: The government has significant control over LSC funded organizations. Because of the restrictions put on LSC -funded organizations, larger organizations such as the American Civil Liberties Union , that want to be able to engage in activities such as lobbying and class action, rely on other sources of funding. Public interest law organizations admit that the preferences of donors affect the priorities they can work on. For example, donors need measurable outcomes in order to see that their money

11960-717: The grounds of public policy , a related term. The first Quotation of the Author is no longer valid... There is nothing in democracy every thing is equal, Doing Well, 57 Vand. L. Rev. 2087-2125 (2004). Environmental regulations Environmental laws are laws that protect the environment. Environmental law is the collection of laws, regulations , agreements and common law that governs how humans interact with their environment. This includes environmental regulations ; laws governing management of natural resources , such as forests , minerals , or fisheries; and related topics such as environmental impact assessments . Environmental law

12090-541: The growth of public interest law in Hong Kong. Law schools in Hong Kong also organize various programs to promote the idea of pro bono legal service to students. Pro bono committees of law firms in Hong Kong also meet on a bimonthly basis in the Hong Kong Legal Community Roundtable, a forum for international law firms to discuss development of pro bono work in Hong Kong and the region. "Public Interest Litigation" or PIL right since its inception in

12220-683: The habitats directive) & SPAs (Special Protected Areas, linked to the bird directive), throughout Europe. EU legislation is ruled in Article 249 Treaty for the Functioning of the European Union (TFEU). Topics for common EU legislation are: In February 2024, the European Parliament adopted a law making a big, intentionally caused, environmental damage “comparable to ecocide ” a crime that can be punished by up to 10 years in prison. The members of

12350-692: The human right to hold and express opinions and to seek, receive and impart ideas,... a right of access to appropriate, comprehensible and timely information held by governments and industrial concerns on economic and social policies regarding the sustainable use of natural resources and the protection of the environment, without imposing undue financial burdens upon the applicants and with adequate protection of privacy and business confidentiality," and "effective judicial and administrative proceedings". These principles are present in environmental impact assessment , laws requiring publication and access to relevant environmental data, and administrative procedure . One of

12480-706: The impact and strategy pursued. Since the 1960s/70s the amount of government funding has decreased and the kind of work LSC -funded organizations can perform has been restricted. In 1996, the Omnibus Consolidated Rescissions and Appropriations Act prohibited LSC funds for programs that "engaged in redistricting, lobbying, class action suits, training for political activities, any activities directed toward reforming federal or state welfare systems, abortion or prison litigation" and recovering attorney's fees. These restrictions cause government funded organizations to be more vulnerable to political shifts because

12610-581: The in-house agency proceeding of the Consumer Product Safety Commission upon the fundamental aspects of the rule of law and due process . During the COVID-19 pandemic , PLF helped to draft and advance legislation in 11 states to limit executive powers. In Skyworks v. Centers for Disease Control , PLF influenced the restoration of landlord's rights to evict non-compliant tenants, specifically those who fail to meet their lease obligations. It

12740-514: The inalienable rights of ecosystems to exist and flourish, gives people the authority to petition on the behalf of ecosystems, and requires the government to remedy violations of these rights. The rights approach is a break away from traditional environmental regulatory systems, which regard nature as property and legalize and manage degradation of the environment rather than prevent it. The Rights of Nature articles in Ecuador's constitution are part of

12870-534: The incorporation of the Rights of Nature as a basic tenet of their culture and conceptualization of "Buen Vivir." The Environmental Protection Law outlines the responsibilities of the Egyptian government to "preparation of draft legislation and decrees pertinent to environmental management, collection of data both nationally and internationally on the state of the environment, preparation of periodical reports and studies on

13000-614: The international law context as an obligation to protect one's own environment, and to prevent damage to neighboring environments, UNEP considers transboundary responsibility at the international level as a potential limitation on the rights of the sovereign state . Laws that act to limit externalities imposed upon human health and the environment may be assessed against this principle. Identified as essential conditions for "accountable governments,... industrial concerns", and organizations generally, public participation and transparency are presented by UNEP as requiring "effective protection of

13130-525: The jus cogens (peremptory norms) and erga omnes principles could be applicable for enforcing international environmental law. Numerous legally binding international agreements encompass a wide variety of issue-areas, from terrestrial, marine and atmospheric pollution through to wildlife and biodiversity protection. International environmental agreements are generally multilateral (or sometimes bilateral ) treaties (a.k.a. convention, agreement, protocol, etc.). Protocols are subsidiary agreements built from

13260-428: The largest sources of funding for most organizations, however funding varies based on the type of organization. For example, economic liberalism and environmental organizations follow the membership-oriented approach of leading civil rights organizations such as the American Civil Liberties Union , whereas poverty organizations are more likely to use Legal Services Corporation (LSC) funds. The source of funding influence

13390-419: The last half century, public interest lawyers have played an important role." Public interest law does not describe a body of law or a legal field; the term was adopted to describe whom the public interest lawyers were representing, rather than what matters they would work on. Instead of representing powerful economic interests, they chose to be advocates for otherwise underrepresented individuals. Consequently,

13520-664: The late 19th century, litigation had been used as a strategy for resistance, especially by early black lawyers, many of whom were among the founders of the African National Congress . Following the transition to democracy, the Constitution of the Republic of South Africa introduced radical changes to the legal system that have facilitated public interest litigation, including a justiciable Bill of Rights, broad rules of standing and flexible remedial powers for courts. Since 1995,

13650-555: The late apartheid period from 1979, three public interest organisations were formed: the Legal Resources Centre , the Centre for Applied Legal Studies and Lawyers for Human Rights. Despite the hostile political environment and a legal system that was inimical to public interest lawyering, they achieved some notable successes opposing forced removals and contesting the system of pass laws and other racist laws. However, even as early as

13780-422: The legal profession, complaining that "able lawyers have to a large extent allowed themselves to become adjuncts of great corporations and have neglected their obligation to use their powers for the protection of the people." In the tradition thus exemplified, a common ethic for public-interest lawyers in a growing number of countries remains "fighting for the little guy". At the end of the communist period in

13910-474: The majority being signed by career executive employees (civil servants), not "an officer of the United States." The study found that 98% of the FDA's rules issued in that time period were issued by career employees. As part of its campaign to restore what PLF characterizes as the original constitutional design delineating the doctrine of separation of powers and eliminate its unconstitutional regulation, PLF established

14040-456: The most commonly encountered and controversial principles of environmental law, the Rio Declaration formulated the precautionary principle as follows: In order to protect the environment, the precautionary approach shall be widely applied by States according to their capabilities. Where there are threats of serious or irreversible damage, lack of full scientific certainty shall not be used as

14170-567: The most litigated areas. One of the pioneers in public interest law in Hong Kong was Pamela Baker. In the late 1980s she litigated a series of landmark courtroom cases challenging the government's treatment of Vietnamese refugees. In 1995 the Hong Kong Human Rights Monitor was established with the aim of promoting better human rights protection in Hong Kong. Today, the majority of cause lawyers who represent citizens and social groups in human rights and public policy litigation on

14300-516: The most severe violations of rights. By only being able to take the most severe cases, many people's needs remain unmet.   In law, public interest is a defence against certain lawsuits (for instance some libel suits in the United Kingdom) and an exemption from certain laws or regulations (for instance freedom of information laws in the UK). Also, judges in common law systems can make judgements on

14430-470: The nations' moral value affected environmental regulation compliance. Developed countries like the US, EU, and Australia are urging for better laws targeting the reduction of harmful environmental impacts. It is worth noting that there is a direct correlation between economic development and the distance between law and ethics. Developed countries have a closer relationship between environmental laws and moral values. If

14560-468: The ownership and use of water resources , including surface water and ground water . Regulatory areas may include water conservation , use restrictions, and ownership regimes. Forestry laws govern activities in designated forest lands , most commonly with respect to forest management and timber harvesting . Forestry laws generally adopt management policies for public forest resources, such as multiple use and sustained yield . Forest management

14690-445: The practice of public interest law through narrowing the resource inequality between economically disadvantaged litigants and the government. However, NGOs and charitable organizations are not eligible to get legal aid. The NGOs and Charitable organizations contributed to opening of avenues for people who deserved justice but lacked interest to approach courts and helped them in becoming petitioners to get justice. Apart from legal aid,

14820-443: The primary protection was found in the law of nuisance , but this only allowed for private actions for damages or injunctions if there was harm to land. Thus, smells emanating from pigsties , strict liability against dumping rubbish, or damage from exploding dams. Private enforcement, however, was limited and found to be woefully inadequate to deal with major environmental threats , particularly threats to common resources. During

14950-411: The proposed amendment has engendered spirited debate and its fate is unclear. In Hong Kong public interest law is an emerging field. The chief vehicle for pursuing public interest claims is judicial review. This is the process by which decisions of the government are challenged in the courts. There has been a surge in judicial review cases since 2000. Environmental issues and minority rights are among

15080-599: The protection of the environment and human health in order to contribute to sustainable development." Other principle federal statutes include the Canadian Environmental Assessment Act , and the Species at Risk Act . When provincial and federal legislation are in conflict federal legislation takes precedence, that being said individual provinces can have their own legislation such as Ontario's Environmental Bill of Rights , and Clean Water Act . According to

15210-421: The public good, because development can increase opportunities to experience the beach and to protect it. PLF argues that certain licensing laws and similar regulations violate the individual right to earn a living and result in a loss of jobs and a lower standard of living for Americans. PLF has battled against Certificate of Need (CON) laws in multiple states that require new entrants to a job market to receive

15340-587: The regulation. In 2023, PLF won a lawsuit in Kentucky, first filed in 2019, challenging the state's CON law regulating non-emergency medical transportation. PLF has challenged and succeeded in ending CON laws for other movers operating in Oregon , Missouri , and Pennsylvania . Additionally, PLF has also filed cases challenging CON laws that limit new birth centers in Georgia and Iowa . In 2008, PLF won Merrifield v. Lockyer ,

15470-410: The right to pursue and take or kill certain kinds of fish and wild animal ( game ). Such laws may restrict the days to harvest fish or game, the number of animals caught per person, the species harvested, or the weapons or fishing gear used. Such laws may seek to balance dueling needs for preservation and harvest and to manage both environment and populations of fish and game. Game laws can provide

15600-515: The science is well-settled, it is not unusual to find that corporations intentionally hide or distort the facts, or sow confusion. It is very common for regulated industry to argue against environmental regulation on the basis of cost. Difficulties arise in performing cost–benefit analysis of environmental issues. It is difficult to quantify the value of an environmental value such as a healthy ecosystem, clean air, or species diversity. Many environmentalists' response to pitting economy vs. ecology

15730-512: The state of Iowa's law requiring a fixed "gender balance" on the State Judicial Nominating Commission was challenged. This law mandated that each district's two elected commissioners must consist of one male and one female. As a result of staggered elections, only one vacant seat appeared on the ballot in each district, and candidates were only eligible to run if they matched the departing commissioner's gender. In January 2024,

15860-533: The state of the environment, formulation of the national plan and its projects, preparation of environmental profiles for new and urban areas, and setting of standards to be used in planning for their development, and preparation of an annual report on the state of the environment to be prepared to the President." In India , Environmental law is governed by the Environment Protection Act, 1986. This act

15990-416: The student body be white or Asian. Consequently, if the white or Asian population fell below this threshold, vacant seats were not allocated to black or Hispanic students, resulting in seats being left unfilled rather than being offered to black or Hispanic students. This policy was challenged in a lawsuit filed by PLF in the U.S. District Court of Connecticut, leading to the court repealing the racial quota. As

16120-806: The understanding of environmental law around the world. Defined by the United Nations Environment Programme (UNEP) as "development that meets the needs of the present without compromising the ability of future generations to meet their own needs," sustainable development may be considered together with the concepts of "integration" (development cannot be considered in isolation from sustainability) and "interdependence" (social and economic development, and environmental protection, are interdependent). Laws mandating environmental impact assessment and requiring or encouraging development to minimize environmental impacts may be assessed against this principle. The modern concept of sustainable development

16250-465: The use of chemicals in human activities, particularly human-made chemicals in modern industrial applications. As contrasted with media-oriented environmental laws (e.g., air or water quality laws), chemical control laws seek to manage the (potential) pollutants themselves. Regulatory efforts include banning specific chemical constituents in consumer products (e.g., Bisphenol A in plastic bottles), and regulating pesticides . Water resources laws govern

16380-540: The work done by public interest law organizations does not make money because their clients often cannot afford private counsel. In addition, the other activities they perform such as community outreach, organizing coalitions, talking to the press, and initiating grassroots campaigns, do not generate revenue. These organizations rely on federal funds, private foundation grants, donations, state funds, attorney's fees, membership dues, fundraising events, and fellowships for new lawyers. Federal funds and private foundation grants are

16510-510: Was a topic of discussion at the 1972 United Nations Conference on the Human Environment (Stockholm Conference), and the driving force behind the 1983 World Commission on Environment and Development (WCED, or Bruntland Commission). In 1992, the first UN Earth Summit resulted in the Rio Declaration , Principle 3 of which reads: "The right to development must be fulfilled so as to equitably meet developmental and environmental needs of present and future generations." Sustainable development has been

16640-576: Was also instrumental in overturning a Virginia law banning the advertising of happy hours, suing on behalf of restaurateurs who could not advertise drink specials in the state in violation of the First Amendment. Additionally, in Keller v. State Bar of California , PLF successfully curbed the California State Bar 's use of compulsory dues to finance political and ideological activities. PLF operated

16770-504: Was held that the CDC lacked the statutory authority to enact a nationwide ban on eviction In Garrison v. U.S. Department of Education, PLF challenged the cancellation of federal student debt, arguing that it exceeded executive authority and violated the Constitution's separation of powers. The Supreme Court later ruled in another case, where the Foundation had submitted an amicus brief, finding that

16900-556: Was to use the threat or reality of a supportive decision at the European Court of Human Rights. With this background in mind, it made more sense for the promoters of public interest law in Central and Eastern Europe to talk about "strategic litigation" than about public interest litigation. Using the instrumentality of the European Court of Human Rights effectively required a strategic approach. Not all human rights cases were likely to receive

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