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 I 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 II considers the procedure
for judicial review with particular emphasis on standing, protective costs and the availability of interim relief. Part III consists of a detailed examination of how each of the grounds for judicial review is 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 IV focuses on EU law and examines direct and indirect actions before the EU courts, preliminary references and state liability. It also 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. Finally, Part V explains the complex regime governing access to environmental information.
Richard Moules is a barrister at Landmark Chambers, specialising in public law and environmental cases. He is also a Fellow of Fitzwilliam College, University of Cambridge.
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 T he 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