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Environmental Judicial Review


ISBN13: 9781849460019
Published: September 2011
Publisher: Hart Publishing
Country of Publication: UK
Format: Hardback
Price: £80.00



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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 therefore seeks to provide a detailed and critical account of environmental judicial review in both domestic and EU law. Part 1 explains the central principles of environmental law, such as the polluter pays principle and the precautionary principle, and 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.

Subjects:
Judicial Review, Environmental Law
Contents:
Part I: General Principles
1. Introduction
2. Sources and Objectives of Environmental Law and Policy
3. General Principles of Environmental Law

Part II: Procedure
4. The Claim for Judicial Review
5. Standing
6. Disclosure
7. Costs and Litigation Funding
8. Remedies

Part III: Grounds for Judicial Review
9. Error of Law and Fact
10. Retention of Discretion
11. Abuse of Discretion: Illegality
12. Legitimate Expectations
13. Procedural Fairness I: Fair Hearings
14. Procedural Fairness II: The Rule against Bias
15. Human Rights and the Environment

Part IV: European Union Law
16. T he Effect of EU Law
17. Preliminary References to the European Court of Justice (ECJ)
18. T he Action for Annulment and the Action for Failure to Act
19. Enforcement by the European Commission

Part V: Access to Environmental Information
20. Access to Environmental Information