In the UK, awareness around environmental wrongdoing is growing, as are the legal avenues available for victims seeking justice and compensation. In this guide, we’ll discover how group litigation holds big organisations accountable for environmental harm. We’ll walk through how group litigation works, examples of group action cases, and the benefits of this collective approach for victims. 

What is environmental harm?   

Environmental harm refers to damage caused to the natural environment, which often has severe consequences for the health, property, and wellbeing of individuals and communities. It can take many forms, including:  

• Air pollution 

• Water pollution 

• Toxic spills 

• Deforestation 

• Industrial waste mismanagement. 

Beyond the immediate physical and ecological impacts, environmental harm can also lead to financial losses. For example, in cases like dieselgate (more on this later), where the value of certain cars dropped significantly due to emissions violations.  

How group litigation works for environmental harm cases  

Group litigation lets victims of the same environmental misconduct unite and file a collective legal claim. It is used when many people are affected by a single incident or ongoing problem. Rather than taking on the legal battle individually, group litigation allows victims to pool their resources, share evidence, and pursue justice together. 

The process of group litigation 

Affected individuals are often asked to join a group action when an environmental harm case is identified. The case is typically organised by a law firm, which will represent the entire group in negotiations and court. The main steps include: 

Identifying the issue 

The first step in any case is the discovery of environmental harm, such as a pollution incident or toxic leak from an industrial facility. Local authorities, environmental groups, law firms, public records and health reports often collect this evidence. 

Forming the group 

Once the issue is identified, one or more law firms may decide to hold the guilty party responsible via litigation. To ensure they have a strong case, they will ask victims of the environmental harm (e.g. those who experienced health issues, property damage, etc.) to join a group action.  

However, finding victims isn’t always straightforward, especially if individuals are unaware they are connected to the incident. As such, law firms and organisations like Join the Claim, undertake awareness-raising activities to spread the word and encourage victims to come forward. 

Filing the claim 

Once it is clear there is a strong case, the law firm files a group claim against the responsible organisation, detailing the environmental harm caused and seeking compensation for the damage experienced by the group members.  

Negotiation or court action 

In some cases, companies may settle out of court to avoid prolonged legal battles and bad publicity. If a settlement is reached, compensation is distributed among the group members. If no agreement is reached, the case proceeds to court, where the group’s collective claim is argued. 

Advantages of group litigation 

Group litigation offers several advantages when tackling environmental harm cases, including: 

• Strength in numbers: Joining together as a group increases the pressure on companies to address the environmental damage they’ve caused. Large corporations are often more willing to settle or take corrective actions when faced with a well-organised group of claimants rather than numerous individual cases. 

• Shared costs: Legal expenses can be high, especially when taking on large, well-resourced companies. Group litigation reduces this burden by allowing claimants to share expenses, making it more accessible for those who might otherwise be unable to afford legal representation. 

• No-win, no-fee: Many group litigation cases are run on a no-win, no-fee basis. These arrangements make it easier for people to come forward and join group actions, knowing they won’t face financial hardship if the case is unsuccessful. 

• Access to expertise: By pooling resources, group members can access high-quality legal support and environmental experts. This collective power is often necessary to challenge well-funded corporations effectively. 

Group litigation not only seeks compensation for immediate harm (such as health impacts and property damage) but can also enforce long-term changes. By holding companies accountable, group actions can lead to stricter regulations and improved practices, helping to prevent future environmental damage and protect communities in the long term. 

Common types of environmental harm leading to group claims 

Environmental harm can take many forms, often affecting large numbers of people and leading to serious health, property, and ecological consequences. Here are some common examples of environmental harm that frequently result in group litigation: 

Industrial pollution 

Air and water pollution from industrial sites is a major cause of environmental harm. Factories and plants that emit harmful chemicals and pollutants into the atmosphere or discharge waste into nearby water sources can devastate local communities. Air pollution can lead to respiratory issues, while water pollution may contaminate drinking supplies, leading to illness. For example, a case involving a chemical factory emitting toxic fumes may lead to a group action where local residents have suffered health issues such as asthma or skin conditions due to prolonged exposure. 

Toxic spills and waste disposal 

Toxic spills or improper waste disposal by companies can cause severe environmental damage, contaminating land, water, and air. These incidents often affect entire communities, especially when toxic substances seep into water supplies or agricultural land. For example, a group action might be launched against a company responsible for leaking harmful chemicals into a river, affecting local wildlife and nearby residents’ health. 

Oil spills 

Oil spills, whether on land or in water, have catastrophic effects on ecosystems and nearby communities. These incidents can destroy marine life, contaminate coastlines, and harm industries reliant on clean water, such as fishing and tourism. An oil spill off the coast of the UK may lead to group litigation by local fishermen and coastal communities seeking compensation for the loss of income and damage to the environment. 

Deforestation and land degradation 

Deforestation and land degradation caused by industrial or illegal activities can destroy local ecosystems, displace communities, and cause long-term ecological damage. Group claims in these cases often aim to halt harmful practices and seek compensation for the environmental impact. 

Examples of high-profile environmental harm cases*  

By working together, victims of environmental harm can seek justice and push for change that protects both people and the environment. Here are some recent actions you might have heard about:  

Dieselgate emissions lawsuits 

Dieselgate is one of the most well-known environmental harm cases, with claims against Peugeot, Citroen, BMW, Ford, Volvo, Nissan, Renault and Volkswagen (amongst others). The claim alleges these companies installed “defeat devices” in vehicles to trick emissions tests, causing the cars to emit pollutants far exceeding legal limits.  

Ongoing legal actions have already led to billions in settlements globally, as well as stricter emissions standards and testing procedures for future vehicle models. In the UK, group litigation claims aim to hold these companies accountable, not only for the environmental and financial damage caused but also for deceptive marketing and consumer fraud. 

The Erin Brockovich water pollution case 

The Erin Brockovich case is one of the most famous examples of environmental harm and the power of group litigation. In the early 1990s, legal clerk Erin Brockovich uncovered evidence of widespread water contamination in the small town of Hinkley, California, caused by Pacific Gas and Electric Company (PG&E). Residents of Hinkley had suffered various health issues, including cancer, respiratory problems, and reproductive difficulties, allegedly linked to the polluted water.  

Brockovich helped organise a group action on behalf of the affected community members. Her efforts uncovered thousands of documents proving that PG&E was aware of the contamination but failed to take action to prevent it or inform the residents. In 1996, the case resulted in a $333 million settlement—the largest of its kind in US history at the time.  

UK water companies claim 

Another prime example of environmental group litigation involves several of the UK’s water companies. Anglian Water, Northumbrian Water, Severn Trent, Thames Water, United Utilities and Yorkshire Water are accused of failing to disclose the extent of sewage discharges into rivers and seas across the country.  

This group claim alleges the water providers not only breached environmental regulations but also misled customers who were paying for services that promised environmentally responsible management of water resources. As a result, lawyers argue customers were overcharged and are seeking compensation 

BP Deepwater Horizon oil spill claim  

The BP Deepwater Horizon oil spill was one of the largest environmental disasters in history. In 2010, the explosion of the offshore oil rig led to millions of barrels of oil spilling into the Gulf of Mexico, causing widespread ecological damage. Affected communities, including local fishermen and coastal businesses, joined group actions to seek compensation for their economic losses and the environmental damage caused by BP.  

PFAS claims 

Another example involves claims against companies responsible for PFAS (Per- and polyfluoroalkyl substances) contamination. These “forever chemicals”, which have been found in drinking water supplies across the US, have been linked to severe health problems.  

Group litigation is seeking compensation for affected communities. While these cases are primarily US-based, in September 2024, residents living near a chemicals plant in Lancashire were advised to wash any homegrown produce after AGC Chemicals Europe Ltd was accused of releasing significant amounts of PFAS – including the banned chemical PFOA – into the River Wyre. Lawyers are currently investigating this incident.  

Make a claim for environmental harm  

Group litigation is a powerful and effective way for victims of environmental harm to seek justice and compensation. By pooling resources and expertise, it increases the chances of success, and makes legal action accessible for those who might otherwise struggle to take on large corporations alone. 

If you have been affected by environmental harm and wrongdoing, exploring your legal options is essential. Join the Claim makes it easier to connect with others facing similar issues and access expert legal support. 

Take action today! 

Visit Join the Claim to explore ongoing environmental claims, check your eligibility, and learn how group litigation can help you seek justice.  

Together, we can create change and protect our communities from future environmental harm.