Judicial review of agency statutory interpretations in environmental law

2016 ◽  
pp. 398-408
Author(s):  
Heather Elliott
Keyword(s):  
Judicial Review ◽  
Environmental Law

7. Power and accountability in environmental law

2017 ◽  
pp. 81-94
Author(s):  
Elizabeth Fisher
Keyword(s):  
Collective Action ◽  
Judicial Review ◽  
Review Process ◽  
Environmental Law ◽  
State Power ◽  
The State ◽  
Collective Action Problem ◽  
Nation States ◽  
Good Government ◽  
Scientific Expertise

Nation states dominate environmental law because of the need for a comprehensive exercise of authority in response to a collective action problem within any particular jurisdiction. ‘Power and accountability in environmental law’ explains that what makes the exercise of state power legitimate is that it is employed in accordance with established principles of good government—principles nearly always embodied in law. However, behind many environmental debates and disagreements are disagreements about the power of the state. The different administrative institutions of environmental law are described as well as how scientific expertise is fundamental to environmental law. The judicial review process is also outlined.

Indonesia

2019 ◽  
pp. 231-252
Author(s):  
Simon Butt ◽  
Prayekti Murharjanti
Keyword(s):  
Judicial Review ◽  
Pollution Control ◽  
Environmental Law ◽  
Constitutional Court ◽  
Court Decisions ◽  
Implementation Framework ◽  
Judicial Decisions ◽  
Waste Air ◽  
Judicial Reasoning

This chapter examines the environmental law of Indonesia. It first provides an overview of the allocation of powers with respect to Indonesia’s environmental law, taking into account the constitutional basis of environmental protection and the Ministry of Environment’s devolution of powers for managing the environment. The chapter then considers the structure and substance of environmental regulations as they apply to pollution control and hazardous waste, air pollution and climate change, and marine and fisheries. It concludes with an analysis of the implementation framework for environmental law, focusing on the creation of the Ministry of Environment and Forestry via the merger of the Ministry of Environment and Ministry of Forestry. Judicial enforcement of environmental law is also explored, with emphasis on the role of certified judges assigned to the general and administrative courts, judicial decisions and enforcement, judicial review in the Constitutional Court, judicial reasoning, and enforcement of Constitutional Court decisions.

Unrestricted access to justice for environmental NGOs? - The decision of the ECJ on the non-conformity of § 2(1) Umweltrechtsbehelfsgesetz with Directive 2003/35 on access to justice in environmental law and the Aarhus Convention (Case C-115/09)

elni Review ◽  
2011 ◽  
pp. 96-103
Author(s):  
Eva Julia Lohse
Keyword(s):  
Environmental Impact ◽  
Judicial Review ◽  
Environmental Law ◽  
Access To Justice ◽  
Effective Implementation ◽  
Environmental Ngos ◽  
Procedural Law ◽  
Aarhus Convention ◽  
Unrestricted Access ◽  
Wide Access

In Case C-115/09, the ECJ has decided that – despite their wording – Art. 10a of the Directive on Environmental Impact Assessment (henceforth: Directive), which implements Art. 9(2) of the Aarhus Convention (henceforth: Convention), requires the Member States to provide unrestricted access to justice for environmental NGOs. This looks like a victory for environmental lawyers who have long advocated the introduction of an ‘altruistic group action’ (‘altruistische Verbandsklage’) in environmental matters, as Germany will have to modify its current transposition of the Directive in some way. Considering the tension between desirable effective implementation of environmental law through judicial review and an – unrequested – overly restrictive interpretation of the margin of implementation, the decision demands the authors of this article to analyse closely why “wide access of justice” (Art. 10a (3) of the Directive) could mean ‘unrestricted access’ for NGOs and why it does and should not. The authors also take a closer look at the consequences for (German) procedural law.

scholarly journals Back to the future: Brexit, EIA and the challenge of environmental judicial review

2019 ◽  
Vol 21 (1) ◽  
pp. 6-20
Author(s):  
Maia Perraudeau
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Legal Culture ◽  
Case Law ◽  
Administrative Law ◽  
Environmental Legislation ◽  
Judicial Interpretation ◽  
Public Authorities ◽  
Environmental Decisions ◽  
The Eu

This article explores how legal culture influences judicial interpretation of environmental legislation, which in turn affects how effectively public authorities are legally held to account for environmental decisions. Analysis of initial case law from the UK’s transposition of the EU Environmental Impact Assessment Directive shows English administrative courts interpreting the directive so restrictively as to undermine the purpose of the legislation itself. It will be suggested that the political sensitivity and legal complexity of administrative law, combined with the legally challenging nature of environmental problems, contribute to a legal culture of narrow interpretation. In contrast, the purposive and effectiveness-orientated approach of EU legal culture facilitated the House of Lord’s later reinterpretation of the Directive, allowing increased judicial engagement in the challenge of environmental law. This article therefore contends that ensuring effective environmental law after Brexit will require a reframing of the legal culture of administrative law itself.

Judicial review and environmental law —is there a coherent view of standing?

Legal Studies ◽  
1996 ◽  
Vol 16 (1) ◽  
pp. 1-26 ◽  
Author(s):  
Chris Hilson ◽  
Ian Cram
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Case Law ◽  
Public Law ◽  
Pressure Groups ◽  
Environmental Materials ◽  
Action Model ◽  
Judicial Reasoning ◽  
Law Reports ◽  
Domestic Law

In this article we examine the issue of the standing of individuals and pressure groups in judicial review proceedings, with particular emphasis on standing in planning and environmental law litigation. We begin by developing a particular conception of liberalism to justify a broad, ‘citizen action’ model of standing. The article then proceeds to examine English domestic law on access to the courts against the background of this liberal model.It is right to say at the outset that the choice of planning and environmental materials is not intended to point up issues in standing which are exclusive to that context. Instead, our purpose is to make some more general arguments about standing in public law and then, through an examination of case law in planning/environmental litigation–which features relatively frequently in the law reports–to test for coherence and contradiction in the judicial reasoning there encountered

Public Interest Regarding Nature Protection Pursued by the Municipal Government

2020 ◽  
Vol 18 (2) ◽  
pp. 421-432
Author(s):  
Jerzy Stelmasiak
Keyword(s):  
Nature Conservation ◽  
Public Interest ◽  
Judicial Review ◽  
Municipal Government ◽  
Environmental Law ◽  
Nature Protection ◽  
Constitutional Principle ◽  
Local Law ◽  
Principle Of Proportionality ◽  
The Right

The article contains an analysis of the issue of public interest pursued by the municipal government in the field of nature conservation, demonstrated on the example of individual forms of nature conservation, the latter term being the concept used by environmental law scholars.  Moreover, it covers natural monuments, documentation stands, ecological grounds and natural and landscape complexes, which are established through a resolution of the municipal council, which constitutes an act of local law. On the other hand, administrative prohibitions introduced for this purpose in an act of local law must have statutory authorisation and they should take into account the constitutional principle of sustainable development and the principle of proportionality.  This is because these prohibitions restrict the right of ownership of immovable property situated in their area.  Moreover, such an act of local law shall also be subject to the judicial review by an administrative court, having been challenged by the addressee of such act, provided that the addressee has also a legal interest, not only a factual interest.

National Implementation

2008 ◽  
Author(s):  
Catherine Redgwell
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Dominant Role ◽  
Extensive Literature ◽  
International Environmental Law ◽  
National Courts ◽  
National Implementation ◽  
Environmental Norms ◽  
State Actors ◽  
The Impact

National implementation constitutes a key element in ensuring compliance with international environmental law. It plays a dominant role in ensuring non-state actors' compliance with international environmental norms, particularly where international environmental law has been translated, directly or indirectly, into national law. It may also afford opportunities for non-state actors to successfully challenge national implementation of international environmental law through judicial review, national rules on standing and remedies permitting. This article considers the trends in domestic judicial enforcement, and the role that national courts play in both developing and enforcing international environmental law. It also examines the nature of the international norms in question, as well as the impact that this factor exerts on national implementation (both legislative and judicial), drawing upon the extensive literature on implementation and compliance with international environmental law. Finally, the article looks at the extent of reliance upon national measures of implementation under different treaties, the impact of domestic constitutional legal orders on implementation, and soft law instruments.

The Court of Justice of the European Union as a Transnational Actor through Judicial Review of the Territorial Scope of EU Environmental Law

2019 ◽  
Vol 21 ◽  
pp. 128-161
Author(s):  
Ioanna HADJIYIANNI
Keyword(s):  
European Union ◽  
Animal Welfare ◽  
Judicial Review ◽  
Environmental Law ◽  
State Sovereignty ◽  
Controversial Issues ◽  
The European Union ◽  
Court Of Justice ◽  
Transnational Actor

AbstractWhen courts are faced with questions regarding the territorial scope of internal legislation, they are required to engage with controversial issues pertaining to the permissible boundaries of regulatory reach, which go beyond traditional conceptions of state sovereignty and non-intervention on which the functioning of courts is normally based. This Article examines the role of the Court of Justice of the European Union (‘CJEU’) in reviewing the legality and interpretation of the extraterritorial reach of EU environmental law, including animal welfare. It assesses the extent to which judicial review by the CJEU serves as a transnational mechanism for addressing legitimacy concerns raised by the unilateral exercise of EU regulatory power beyond EU borders.

Effektiver Verwaltungsrechtsschutz im Zeichen von Migration und Europäisierung

2019 ◽  
Vol 52 (2) ◽  
pp. 259-296
Author(s):  
Klaus Ferdinand Gärditz
Keyword(s):  
Judicial Review ◽  
Environmental Law ◽  
Fundamental Rights ◽  
European Union Law ◽  
Institutional Settings ◽  
Procedural Law ◽  
Basic Law ◽  
European Court ◽  
Charter Of Fundamental Rights ◽  
Judicial Protection

The report surveys the development of administrative procedural law und jurisprudence between 2014 and 2019, in particular, under the auspices of the overarching mandate to grant effective judicial review. Pursuant to Article 19(4) of the Basic Law, effective judicial review is constitutionally guaranteed, but enfolds its practical effects within the intricate framework of Administrative Court Procedure Code and the inhomogeneous body of substantive administrative law. Additionally, European Union law and its own guarantee of effective remedies (Article 47 EU Charter of Fundamental Rights) bears influence on the administrative procedural law. The European Court of Justice seeks to give shape to partly vague European common standards of judicial review and its institutional settings. The so-called refugee burdened the administrative courts, as the number of asylum cases greatly increased by hundreds of thousands since 2016. The courts struggled to secure sufficient review of asylum decisions handed down by the federal administration under great strain, which diminished the quality and reliability of the administrative procedure and its fact findings. In the wake of the refugee crisis, the dormant provision enabling the administration to execute instant deportation orders has been tested against the guarantee of effective judicial protection. Another reference area that illustrates a shift within administrative procedural law is the complicatedly fabricated environmental law and its special provisions, which guarantee access to a court and effective review of administrative decisions (or omissions) that can affect the environment.

Sign in / Sign up

Export Citation Format

Share Document