Abstract

<h2><em><span>This article looks at the emerging area of civic crowdfunding, a subset of crowdfunding, as a means of financing public interest environmental litigation. The literature surrounding civic crowdfunding and third party litigation funding is currently underdeveloped. The link between those areas and public interest environmental litigation takes a further step into the unknown. As a case study, the Sea Dumping Case presents exciting opportunities for civil society and access to justice, but further research is needed before any firm conclusions can be drawn.</span></em></h2>

Highlights

  • Public interest environmental litigation (‘PIEL’) has a valuable role to play in protecting our environment

  • Part II of this paper introduces the concept of PIEL and explores the difficulties public interest litigants face in raising funds for court

  • The Australian Law Reform Commission (‘ALRC’) has described public interest litigation as having one or more of the following criteria: it must clarify a significant right or obligation affecting the community; it must resolve an important question of law; or it must have other characteristics that reflect a ‘test case’ type scenario.[4]

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Summary

INTRODUCTION

Public interest environmental litigation (‘PIEL’) has a valuable role to play in protecting our environment It can ensure transparency in decision making, encourage law reform and uphold ideals like the rule of law. Part II of this paper introduces the concept of PIEL and explores the difficulties public interest litigants face in raising funds for court. In Part III, I examine whether third party litigation funding, in a commercial sense, is an abuse of process or a means of improving access to justice. Part V concludes by making some observations about the case study and suggests areas for further research including the need to investigate the ‘scalability’ of crowdfunding as a means of financing litigation, and further exploring the tension between public/private support for PIEL. In the context of PIEL, it might allow the public to test important matters of public interest which might otherwise go undisturbed for want of funds

A Public Interest Environmental Litigation
B Funding for PIEL
A Access to Justice in Environmental Matters
B Third Party Litigation Funding
C Litigation Funding and PIEL
A The Emergence of Civic Crowdfunding
64 These include
B The Sea Dumping Case
C Preliminary Observations
A Areas of Further Research
B Concluding Remarks
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