Systemic biodiversity litigation: how litigation addresses structural causes and drivers of biodiversity loss

ABSTRACT This article queries the extent to which biodiversity litigation considers structural drivers of biodiversity loss, which typically remain unaddressed by the dominant biodiversity litigation approach that tends to focus on single projects, protected species, or protected areas. Based on a database of 214 biodiversity litigation cases, this study identifies eight litigation strategies, each discussed in detail. In this way, this article helps to better understand what sets systemic biodiversity litigation apart from other forms of biodiversity litigation and provides a way of categorizing the same. It also contributes to the consolidation of biodiversity litigation, more generally, as a field of legal scholarship and highlights the complex and multi-faceted nature of the subject that needs scholarly attention.