This chapter examines some of the key issues judges must face in cases involving allegations that governmental action or inaction has caused environmental harm that, in turn, infringes or threatens the full enjoyment of human rights. Drawing on cases from the International Court of Justice, regional tribunals, and domestic courts, it addresses a range of overarching issues in cases concerning the environment and human rights, including challenges to the admissibility of claims, the impact of scientific uncertainty, the burden of proof, the degree of deference owed to the government, and the application of legal principles such as the precautionary principle. The chapter makes clear that while there are valid reasons to support judicial deference to legislative decisions in environmental matters, a rights-based perspective emphasizes that judicial oversight is necessary to protect the rights of those in marginalized and minority communities, who often bear a disproportionate burden of environmental harm.