Environmental Judicial Review

By Richard Moules

Judicial review of environmental decisions is an important and growing area of public law. But, although the general principles of judicial review have been clearly mapped out, their application to the particular context of the environment is under-explored. This book provides a detailed and critical account of environmental judicial review in both domestic and EU law. It will be extremely useful to environmental practitioners who need to be kept up-to-date with the various cases and fields within this complex topic. Part 1 explains the central principles of environmental law, such as the polluter pays principle and the precautionary principle, and it shows how they influence the application of public law standards of legality. Part 2 considers the procedure for judicial review with particular emphasis on standing, protective costs, and the availability of interim relief. Part 3 consists of a detailed examination of how each of the grounds for judicial review are applied in the environmental context. It highlights the increased emphasis on consultation and public participation in environmental matters, the degree of deference afforded by the courts to scientific and political judgments, and the prevalence of 'hard-edged' questions of law. Part 4 focuses on EU law and examines direct and indirect actions before the EU courts, preliminary references, and state liability. Part 5 explains the complex regime governing access to environmental information. Finally, Part 6 considers infraction proceedings brought by the EU Commission, the role of individuals and NGOs in relation to such proceedings, and the interrelationships between infraction proceedings and judicial review.

430 pages

Publication Date: 9/1/2011
Format: Cloth
ISBN: 9781849460019