Filing for an injunction is one of the most powerful tools available to prevent ongoing or imminent harm, and this is as true when it comes to enforcing environmental regulations as in any other application.  Whether filed by governments, regulatory agencies, or private parties, injunctions can be applied for and granted quickly and provide real, enforceable relief.

There are several different ways that injunctions can be used, and one of the most effective is to request a temporary restraining order or preliminary injunction as preliminary relief while the case proceeds. When successful, these applications would immediately halt activities such as illegal deforestation, construction in protected areas, or pollution discharge that pose an immediate threat to the environment. A temporary restraining order could stop a housing developer from removing trees that offer homes to protected species or can stop a factory from dumping toxic waste into a waterway as a more robust case makes its way through the court system.

While prevention is one of the most powerful impacts of an injunction, the legal tactic can also be used as an enforcement or remediation strategy. When environmentalists identify violations of environmental laws, they can petition the courts for a permanent injunction to compel compliance. This type of action can lead to a court order stopping violators from operating their business entirely until they are proven to comply or until after they have demonstrated that they’ve taken action to repair the harm they’ve caused. This may involve cleaning up pollution, restoring damaged ecosystems, or taking actions to remediate any public health risk they’ve created.

There are several strategic advantages to using injunctions. One of the most important is that the party filing for an injunction can request a specific remedy that will make a real difference. This compares favorably to filing a lawsuit that, at best, will end in a monetary fine that the offending party may view as a cost of doing business. Instead, injunctions can end in actual improvements and prevention of continuing harm.

What is most important in filing for an injunction as a way of protecting the environment is that the application must balance the various factors involved in the result. Beyond enforcing environmental regulations, there must also be consideration of the economic impact of stopping the violation and the overall social impact. Remedies must be carefully crafted to be proportional.

If you are concerned about impending or ongoing activity that is posing a threat to the environment or violating existing laws, our experienced attorneys can help. Contact us today to set up a time to discuss the situation.