Student abstract from Prof. Mae Quinn's course:

Issues in the Law: Problem-Solving Courts Advocacy Program Seminar

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Allison Harris

Environmental Courts:

Are They A Good Method of Handling Non-Compliance With Environmental Violations?

 Today, thousands of problem-solving courts are testing new approaches to difficult cases where social, human, and legal problems intersect. These include community courts that seek to improve the quality of life in neighborhoods that are struggling with crime and disorder. At a time when the judicial system is overwhelmed with a varying assortment of crimes, Tennessee has broken ground with a new court that weeds out offenders whose crime has the potential to reach to future generations. This crime is the abuse of the environment. In 1983, Judge Larry E. Potter established an environmental court in Memphis in order to develop and implement the consequence strategies necessary to increase compliance of environmental codes. The court’s use of negative consequences has been a successful incentive for citizens to comply with regulations. In fact, this court now serves as the national model.

his new approach of an environmental justice system did not come about without a battle, which is common with issues involving change. Some city directors were less than enthused because of the judicial system's past inattention to these matters, and consequently, they took a wait-and-see attitude. However, as the court's results became readily apparent, skepticism was quickly replaced by a willingness and an enthusiasm to try this new judicial system.

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