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Society left holding the (plastic) bag: A transnational analysis of the impact of plastic litigation on environmental justice
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This article provides the first transnational analysis of plastic litigation as a tool for advancing environmental justice, examining cases across multiple jurisdictions. The authors argue that litigation can serve three complementary functions: empowering communities through procedural justice, formally recognizing affected parties' rights, and enabling distributive justice by forcing the plastic industry to internalize the social costs of pollution.
Abstract While a few corporations benefit from the widespread use of plastics, the rest of society is, ironically, left holding the (plastic) bag. In many cases, the communities most affected by plastic pollution are left out of decisions that directly impact them. This article offers the first analysis of the potential contributions of litigation to environmental justice in the context of plastic pollution. It draws on a comparative review of plastic litigation cases from different jurisdictions across the world to contribute to our understanding of the nexus between litigation, plastic pollution and environmental justice. The article argues that the contributions of plastic litigation to environmental justice are threefold. Firstly, litigation can be used as a tool of procedural justice to empower communities to prevent polluting activities from happening in the first place. Secondly, it can enable the formal recognition of the rights of affected communities and the wrongdoings of polluters. Finally, litigation can be used to further distributive justice by making the plastic industry internalise the social costs of its activities through the remedies awarded by courts. Nonetheless, the article also acknowledges the limitations of litigation and the need for a broader multimodal strategy to effectively address the plastic pollution crisis.
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