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The Role of Courts in Plastic Pollution Governance

International and Comparative Law Quarterly 2023 7 citations

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This study examined the role of courts in plastic pollution governance, finding that litigation is becoming an increasingly important mechanism for addressing regulatory gaps and holding polluters accountable as legislative responses remain piecemeal.

Abstract Plastic pollution is a planetary crisis posing a significant threat to humans and the environment. The regulatory response to this crisis has so far been piecemeal and has not prevented the accumulation and ubiquity of plastic pollution. The growing concern over plastic pollution and the first regulatory measures directed against it soon resulted in court cases. By early 2023, cases concerning plastic pollution emerged in more than 30 countries around the world. From holding private polluters accountable to considering the constitutionality of restrictions on certain plastic products and to ordering regulatory bodies to adopt or implement such measures, courts are playing an increasingly important role in plastic pollution governance.

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