Abstract/Summary

The current article responds to a key puzzle and a question. First, why, given the potential for ‘rights talk’ that has been seen in other countries and other policy areas, have environmental rights in the EU legal order been relatively invisible until recently? And second, with Daniel Kelemen’s influential work on Eurolegalism arguing that the EU has become much more reliant on US-style adversarial legalism, including a shift towards rights-based litigation, do EU environmental rights fit the picture Kelemen has painted, or are they an exception? The article explores the visibility of EU environmental rights at EU level and then seeks to explain the possible reasons for visibility/invisibility.