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Many judges viewed environmental lawsuits as akin to the civil rights suits of the prior decade: proper occasions for heightened judicial attention on behalf of societal concerns likely to be given short shrift in the democratic process.
Harvard Law School professor Richard J. Lazarus, from his 2001 article in the Virginia Environmental Law Journal , “The Greening of America and the Graying of United States Environmental Law: Reflections on Environmental Law’s First Three Decades in the United States”. Lazarus was describing the judicial activism of the 1970’s, shortly after environmentalism emerged in the Untied States both as a social movement and a body of law. However, the Supreme Court today has become less sympathetic and supportive to the cause. In fact, in 2009, the Supreme Court heard ruled on five environmental lawsuits and decided against the environmental interest in every case. (via henryzhang)
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