https://cstrack.eu/format/reports/the-formosa-case-a-step-forward-on-the-acceptance-of-citizen-collected-evidence-in-environmental-litigation/ Investigating Citizen Science Mon, 21 Feb 2022 11:04:38 +0000 hourly 1 https://wordpress.org/?v=6.2.2 https://cstrack.eu/format/reports/the-formosa-case-a-step-forward-on-the-acceptance-of-citizen-collected-evidence-in-environmental-litigation/#comment-31 Mon, 21 Feb 2022 11:04:38 +0000 https://cstrack.eu/?p=3538#comment-31 […] example, a case that inspired us was civic monitoring of plastic pollution in the Lavaca Bay in Texas, run exclusively by local fisherwomen and […]

]]> https://cstrack.eu/format/reports/the-formosa-case-a-step-forward-on-the-acceptance-of-citizen-collected-evidence-in-environmental-litigation/#comment-28 Fri, 05 Nov 2021 13:03:53 +0000 https://cstrack.eu/?p=3538#comment-28 In consultation with Amy Johnson, lawyer of the plaintiffs’ of the Formosa case, we would like to stress two points. On the sentence ‘From a subjective perspective, citizens must demonstrate they are personally affected’, we meant that in order to file a lawsuit citizens must demonstrate to have an interest, i.e. legal standing. However, citizens do not need to demonstrate to be personally affected to present evidence. Anyone can present evidence in an American court, without necessarily having an interest.
On the idea of development of standards of admissibility for citizen science evidence in court, again in consultation with Amy Johnson, we acknowledge that such a recognition is not needed in the US where the Federal Rules of Evidence apply (under factual evidence). In Europe, however, as a civil law system, the lack of explicit recognition is not only creating uncertainty but it is also often putting at risk those citizens that gather evidence on the ground (for example close to companies’ premises). In such contexts, a legal recognition may be advisable.

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