Environmental Judicial Review

Author : R. J. Moules
Publisher : Bloomsbury Publishing
ISBN 13 : 1847318118
Total Pages : 354 pages
Book Rating : 4.14/5 ( download)

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Download or read book Environmental Judicial Review written by R. J. Moules and published by Bloomsbury Publishing. This book was released on 2011-09-01 with total page 354 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Richard A. Liroff
Publisher :
ISBN 13 :
Total Pages : 86 pages
Book Rating : 4.54/5 ( download)

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Download or read book Judicial Review Under NEPA written by Richard A. Liroff and published by . This book was released on 1980 with total page 86 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Radoslaw Stech
Publisher :
ISBN 13 :
Total Pages : pages
Book Rating : 4.89/5 ( download)

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Download or read book Costs Barriers to Environmental Judicial Review written by Radoslaw Stech and published by . This book was released on 2015 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.
ISBN 13 : 9041127089
Total Pages : 642 pages
Book Rating : 4.82/5 ( download)

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Download or read book The Role of the Judiciary in Environmental Governance written by Louis J. Kotzé and published by Kluwer Law International B.V.. This book was released on 2009-01-01 with total page 642 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 : Christina Voigt
Publisher : Cambridge University Press
ISBN 13 : 1108497179
Total Pages : 505 pages
Book Rating : 4.76/5 ( download)

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Download or read book International Judicial Practice on the Environment written by Christina Voigt and published by Cambridge University Press. This book was released on 2019-04-18 with total page 505 pages. Available in PDF, EPUB and Kindle. Book excerpt: Evaluates the fundamental legitimacy of judicial practice in the growing number of environmental cases heard before international courts.

Author : Michael Allan Wolf
Publisher : Environmental Law Institute
ISBN 13 : 1585760935
Total Pages : 387 pages
Book Rating : 4.30/5 ( download)

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Download or read book Strategies for Environmental Success in an Uncertain Judicial Climate written by Michael Allan Wolf and published by Environmental Law Institute. This book was released on 2005 with total page 387 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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 :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.26/5 ( download)

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Download or read book Judicial Review and the National Environmental Policy Act of 1969 written by Hart and published by . This book was released on 2022 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Hart
Publisher :
ISBN 13 :
Total Pages : 0 pages
Book Rating : 4.48/5 ( download)

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Download or read book National Environmental Policy Act written by Hart and published by . This book was released on 2021 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : United States. Department of Justice. Land and Natural Resources Division
Publisher :
ISBN 13 :
Total Pages : 696 pages
Book Rating : 4.15/5 ( download)

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Download or read book Report of the President, Acting Through the Attorney General, on the Feasibility of Establishing an Environmental Court System written by United States. Department of Justice. Land and Natural Resources Division and published by . This book was released on 1973 with total page 696 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Author : Elizabeth C Fisher
Publisher : Bloomsbury Publishing
ISBN 13 : 1509941053
Total Pages : 357 pages
Book Rating : 4.56/5 ( download)

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Download or read book An Environmental Court in Action written by Elizabeth C Fisher and published by Bloomsbury Publishing. This book was released on 2022-07-28 with total page 357 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book provides a critical assessment of the New South Wales Land and Environmental Court (NSWLEC). Effective adjudication has become a key consideration for environmental lawyers. One of the most important questions is whether environmental law frameworks need their own courts, with the conclusion being: yes they do. Here, a pioneer of such a court, the NSWLEC is forensically examined to see what it might teach other such courts. Showing a court 'in action' it suggests models that practitioners and policy makers might follow. It also speaks to the environmental law scholars, setting out a conceptual framework for studying such courts as legal institutions. This multi-faceted collection is invaluable to scholars and practitioners alike.