Environmental public interest litigation: broadening locus standi to safeguard collective interests

In Malaysia, our legal system operates under common law, which shapes the accessibility of civil litigation, particularly in environmental cases. An important principle to recognise is locus standi, which indicates that only individuals or entities with a significant interest or stake in a matter are eligible to seek judicial remedies. Understanding this concept is crucial in the context of legal proceedings. In addition, this principle aims to ensure that the right people are involved in legal proceedings; it can limit opportunities for redress, especially in cases concerning environmental damage. As awareness of the need to protect our environment continues to grow—especially given the increasing environmental crises we face—there’s a pressing need to balance development with conservation. Countries like Malaysia, navigating the path toward development, often struggle between economic growth and environmental protection. Unfortunately, the environment, the actual victim in many of these scenarios, lacks a voice in legal matters to express its grievances. This is where public interest litigation holds promise for advocacy. Granting the public locus standi empowers concerned citizens to take a stand on environmental issues, as these concerns resonate with the greater good, impacting everyone in our society.