Civil Litigation for Environmental Damages

Abstract This paper aims to analyse civil litigation for environmental damages and whether the so-called rights of nature are a viable alternative de lege ferenda . To this end, it examines (i) the participation of civil society in environmental protection through public enforcement mechanisms in the Spanish legal order; (ii) the cause of action for environmental damage claims; and (iii) whether rights of nature are a good option to enhance the protection of nature in civil justice.