Blog by Anna Berti Suman: “The ‘Sensing for Justice’ (SensJus) research project – running between 2020 and 2023 – explored how people use monitoring technologies or just their senses to gather evidence of environmental issues and claim environmental justice in a variety of fora. Among the other research lines, we looked at successful and failed cases of civic-gathered data introduced in courts. The guiding question was: what are the enabling factors and/or barriers for the introduction of civic evidence in environmental litigation?
Civic environmental monitoring is the use by ordinary people of monitoring devices (e.g., a sensor) or their bare senses (e.g., smell, hearing) to detect environmental issues. It can be regarded as a form of reaction to environmental injustices, a form of political contestation through data and even as a form of collective care. The practice is fast growing, especially thanks to the widespread availability of audio and video-recording devices in the hand of diverse publics, but also due to the increase in public literacy and concern on environmental matters.
Civic monitoring can be a powerful source of evidence for law enforcement, especially when it sheds light on official informational gaps associated with the shortages of public agencies’ resources to detect environmental wrongdoings. Both legal scholars and practitioners as well as civil society organizations and institutional actors should look at the practice and its potential applications with attention.
Among the cases explored for the SensJus project, the Formosa case, Texas, United States, stands out as it sets a key precedent: issued in June 2019, the landmark ruling found a Taiwanese petrochemical company liable for violating the US Clean Water Act, mostly on the basis of citizen-collected evidence involving volunteer observations of plastic contamination over years. The contamination could not be proven through existing data held by competent authorities because the company never filed any record of pollution. Our analysis of the case highlights some key determinants of the case’s success…(More)”.