Strategic Litigation

/Strategic Litigation
Strategic Litigation2018-03-12T17:28:06+00:00


Environmental activists have spent decades fighting in court against energy production, sound science, economic development, resource use, and property rights.  In the past forty years, eight major environmental groups have filed more than 3,250 lawsuits, all aimed at imposing through the judiciary the radical anti-development, anti-growth, and anti-capitalism agenda that often (although not often enough) struggles in the legislature and among the public.

Radical environmentalists are not the only ones that can go to court, and file FOIA requests. Laws requiring that regulations be based on the best available science, administrative law procedures, Freedom of Information Act (FOIA) requirements, and constitutional restraints such as the Commerce Clause, property protections, and anti-commandeering doctrines all give free-market environmentalists an opportunity to engage in aggressive and strategic litigation, research, and education to roll back regulatory excesses and expose the junk science of the last forty years or more.

Only a handful of free-market organizations have waded into environmental policy and performed some badly needed triage opposing this agenda, and E&E Legal is one of them.