TRIAL STRATEGY AND TECHNIQUES IN ENVIRONMENTAL LITIGATION

This paper which is concerned with highway projects, discusses strategies and techniques involving injunctive relief. Preliminary observations are made, and issues often joined with the and related to environemntal litigation such as public hearing requiements, requirements applicable to park or recreational land, and relocation issues are discussed. Aspects such as discovery, complaint defensive strategy, preliminary injuction and trial are reviewed. It is noted that trial strategy and techniques in environmental litigation involves a constant monitoring of a proposed public project from conception to completion. By considering community concerns and incorporating reasonable modification, the agency will minimize the legal exposure of the proposed project. Attorneys practising environmental law can best serve their clients by engaging in preventive law. During the critical time between ostensive compliance with the National Environmental Protection Act (NEPA) and actual construction, the attorneys must do their utmost to resolve differences and effect a solution on the disputed project. If the matter cannot be resolved the attorneys must master the legal issues in drafting or responding to the litigation. A complete understanding of court procedure is essential. Techniques in expediting or delaying the litigation must be understood. The litigation strategy will be dictated by the needs of the client and the status of the project. The most effective approach to environmental litigation is to adopt a strategy which assures that the project is developed consistent with the mandate of NEPA.

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    • Distribution, posting, or copying of this PDF is strictly prohibited without written permission of the Transportation Research Board of the National Academy of Sciences. Unless otherwise indicated, all materials in this PDF are copyrighted by the National Academy of Sciences. Copyright © National Academy of Sciences. All rights reserved
  • Corporate Authors:

    Transportation Research Board

    500 Fifth Street, NW
    Washington, DC  United States  20001
  • Authors:
    • Fairman, N C
    • Bardis, E D
  • Publication Date: 1978

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Filing Info

  • Accession Number: 00178357
  • Record Type: Publication
  • Files: TRIS, TRB
  • Created Date: Sep 14 1978 12:00AM