Edited by Lorenzo Squintani, Jan Darpö, Luc Lavrysen and Peter-Tobias Stoll
Chapter 6: Scientific facts and litigants feelings: practical innovations from the Vermont Environmental Court and other jurisdictions
Chapter 6 provides an insight in the approaches followed by the Vermont Environmental Court and some other common law jurisdictions. After highlighting the importance of procedural fairness and consideration for litigants’ feelings about the environmental judicial process, the chapter discusses techniques used in some courts to maximize the opportunity for litigants to participate in environmental and land development cases. Given the complexity of such cases, particular attention is given to the position of self-represented litigants. The complexity of such cases can also be a challenge for the judges. Accordingly, the chapter discusses some techniques developed in common law countries, especially in environmental cases based on statutes, and especially in non-jury cases, empowering judges to handle the acceptance and validation of scientific facts in litigated cases.
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