Really solid breakdown of whats happening on the ground. The point about forum shopping being key is something that doesn't get talked about enough tbh. When Citron Day mentions finding favorable venues, she's basically describing how enviromental attorneys have to think like chess players now - not jsut about the merits, but about which judge or administrative body will actually give them a fair hearing. I've seen this play out in local zoning fights where the venue literally determined the outcome before any arguments were made. It's kinda depressing that justice depends so much on geography, but at least groups like PEER are being smart about it.
Of course they are illegal. Would we expect otherwise?
Never! Thanks for reading, Barbara!
Really solid breakdown of whats happening on the ground. The point about forum shopping being key is something that doesn't get talked about enough tbh. When Citron Day mentions finding favorable venues, she's basically describing how enviromental attorneys have to think like chess players now - not jsut about the merits, but about which judge or administrative body will actually give them a fair hearing. I've seen this play out in local zoning fights where the venue literally determined the outcome before any arguments were made. It's kinda depressing that justice depends so much on geography, but at least groups like PEER are being smart about it.
Very grateful for those strategic efforts and savvy organizations. You experienced a local version of this? How did it work out?
Thank you for reading!