Environmental Judicial Review
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Author |
: R. J. Moules |
Publisher |
: Bloomsbury Publishing |
Total Pages |
: 354 |
Release |
: 2011-09-01 |
ISBN-10 |
: 9781847318114 |
ISBN-13 |
: 1847318118 |
Rating |
: 4/5 (14 Downloads) |
Synopsis Environmental Judicial Review by : R. J. 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 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.
Author |
: Christina Voigt |
Publisher |
: Cambridge University Press |
Total Pages |
: 505 |
Release |
: 2019-04-18 |
ISBN-10 |
: 9781108497176 |
ISBN-13 |
: 1108497179 |
Rating |
: 4/5 (76 Downloads) |
Synopsis International Judicial Practice on the Environment by : Christina Voigt
Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.
Author |
: Richard A. Liroff |
Publisher |
: |
Total Pages |
: 86 |
Release |
: 1980 |
ISBN-10 |
: IND:39000300000754 |
ISBN-13 |
: |
Rating |
: 4/5 (54 Downloads) |
Synopsis Judicial Review Under NEPA by : Richard A. Liroff
Author |
: Radoslaw Stech |
Publisher |
: |
Total Pages |
: |
Release |
: 2015 |
ISBN-10 |
: OCLC:1064891489 |
ISBN-13 |
: |
Rating |
: 4/5 (89 Downloads) |
Synopsis Costs Barriers to Environmental Judicial Review by : Radoslaw Stech
The thesis analysed unique data collected in the Environmental Law Foundation (E.L.F.), a London-based charity with a network of legal advisers located throughout the UK. It had two main purposes: firstly, to prove that costs constitute a barrier to judicial review and; secondly, to understand better the concept of environmental justice in light of polycentricity. Environmental justice focuses on patterns of disproportionate exposure to environmental hazards and promotes increased access to information and participation in decision-making. Adjudication is said to have a limited role in achieving environmental equity as it rarely addresses issues of political and economic distribution. The thesis analysed the UNECE Aarhus Convention which is binding in the UK. It is alleged that the UK Government is in breach of the Convention's third pillar which requires access to a review procedure not to be "prohibitively expensive" (art 9(4)). E.L.F. receives calls for support from primarily poor communities facing environmental problems and refers the viable ones to a legal adviser for free initial advice. The study reviewed 774 referrals focusing on 219 of these at various stages of judicial review. A half of these referrals received a negative opinion as to the prospects of success at judicial review and the remaining half were advised to proceed. In the latter pool there were 54 cases which were prevented by the cost barrier. A significant number concluded in out-of-court/in-court settlement. The latter sample consisted of planning law-based claims which are polycentric due to the variety of involved interests. The data was also matched with the Indices of Multiple Deprivation to show polycentricity. The findings were analysed through the participatory thesis of judicial review and the concept of limits of adjudication. Thus access to adjudication may create opportunities for engagement and contributes to achieving environmental justice.
Author |
: Louis J. Kotzé |
Publisher |
: Kluwer Law International B.V. |
Total Pages |
: 642 |
Release |
: 2009-01-01 |
ISBN-10 |
: 9789041127082 |
ISBN-13 |
: 9041127089 |
Rating |
: 4/5 (82 Downloads) |
Synopsis The Role of the Judiciary in Environmental Governance by : Louis J. Kotzé
This important book investigates the environmental legal frameworks, court structures and relevant jurisprudence of nineteen countries, representing legal systems and legal cultures from a diverse array of countries situated across the globe. In doing so, it distils comparative trends, new developments, and best practices in adjudication endeavours, highlighting the benefits and shortcomings of the judicial approach to environmental governance.
Author |
: Michael Allan Wolf |
Publisher |
: Environmental Law Institute |
Total Pages |
: 387 |
Release |
: 2005 |
ISBN-10 |
: 9781585760930 |
ISBN-13 |
: 1585760935 |
Rating |
: 4/5 (30 Downloads) |
Synopsis Strategies for Environmental Success in an Uncertain Judicial Climate by : Michael Allan Wolf
Over the last 30 years, we have made great progress in curbing the most obvious pollution largely due to effective enforcement of federal and state environmental statutes. Now, however, there is increasing skepticism of the efficiency and even the constitutionality of our bedrock environmental laws from all branches of the federal government, including the courts. This book is the result of lively debate at the conference Alternative Grounds: Defending the Environment in an Unwelcome Judicial Climate, held on November 11, 2004, and co-sponsored by the University of Florida's Levin College of Law and the Environmental Law Institute. Topics ranged from U.S. Supreme Court trends in environmental law jurisprudence, to innovative federal and state constitutional and statutory arguments that defend environmental protections, to federal provisions most vulnerable to attack on federalism, takings, and separation-of-powers grounds. This thought-provoking and insightful collection of essays provides smart, realistic solutions to the profound and complex legal challenges facing defenders of our environmental protections. With contributions by: Richard J. Lazarus, Sean H. Donahue, Paul Boudreaux, William W. Buzbee, Robert L. Glicksman, Alyson C. Flournoy, Christopher H. Schroeder, Douglas T. Kendall, Susan George, J.B. Ruhl, Donald W. Stever, and Mary Jane Angelo.
Author |
: Hart |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2022 |
ISBN-10 |
: OCLC:1402520626 |
ISBN-13 |
: |
Rating |
: 4/5 (26 Downloads) |
Synopsis Judicial Review and the National Environmental Policy Act of 1969 by : Hart
Author |
: Hart |
Publisher |
: |
Total Pages |
: 0 |
Release |
: 2021 |
ISBN-10 |
: OCLC:1404890548 |
ISBN-13 |
: |
Rating |
: 4/5 (48 Downloads) |
Synopsis National Environmental Policy Act by : Hart
Author |
: |
Publisher |
: |
Total Pages |
: 56 |
Release |
: 1972 |
ISBN-10 |
: UILAW:0000000051378 |
ISBN-13 |
: |
Rating |
: 4/5 (78 Downloads) |
Synopsis Scherr V. Volpe by :
Author |
: Richard J. Lazarus |
Publisher |
: Belknap Press |
Total Pages |
: 369 |
Release |
: 2020 |
ISBN-10 |
: 9780674238121 |
ISBN-13 |
: 0674238125 |
Rating |
: 4/5 (21 Downloads) |
Synopsis The Rule of Five by : Richard J. Lazarus
A renowned Supreme Court advocate tells the inside story of Massachusetts v. EPA, the landmark case that made it possible for the EPA to regulate greenhouse gasses--from the Bush administration's fierce opposition, to the internecine conflicts among the petitioners, to the razor-thin 5-4 victory.