This paper explores the development and application of the common-law principle of open justice. For centuries, people used common-law courts to resolve disputes about pollution. The courts were open and accountable. Environmental disputes are now often resolved by regulatory bodies that are less transparent. For example, disputes concerning agricultural pollution are heard by government-appointed right-to-farm boards. Some boards do not release their decisions to the public, and some delete key information regarding the parties and their locations. This lack of transparency makes it difficult for people to make informed decisions about where to live, how to behave, and what to expect. When governments move decisions about the environment from courts to administrative bodies, it is essential that they adopt the principles of transparency and accountability that have long infused the common-law.

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