How Green is Judicial Review?

Beloff, Michael

doi:10.1080/10854681.2005.11426421

Cited by 1 publication

(1 citation statement)

References 7 publications

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“…The Aarhus Convention requires that all members of the public ''having a sufficient interest'' should have the opportunity to challenge the substantive and procedural legality of any decision before an independent and impartial body established by law, through a procedure that is ''not prohibitively expensive''. 80 In the light of continuing concerns over the accessibility of judicial review in terms of both standing and costs, 81 and the absence of opportunities to make use of other means of effective recourse, 82 there remain considerable doubts over whether this requirement is in fact satisfied.…”

Section: Protection Of Other Interestsmentioning

confidence: 99%

Regulation in a Changing World: Review and Revision of Environmental Permits

Reid¹

2008

C.L.J.

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Environmental permits come in many forms and control many activities. On occasion they can authorise one-off events, but more usually they provide authorisation for operations that will continue for some time. Even planning permission granted to construct a building has an enduring effect since it not only controls the building operation that may be completed within a short period but also determines what use of the land is authorised unless and until a new permission is sought. The precise life-span of many operations may be uncertain, but especially in view of the major capital cost of establishing chemical works, landfill sites, waste water treatment plants, etc., the operators' intention is to continue for a considerable time. Over that time circumstances may change so that the terms of the permit, or its very existence, are no longer considered appropriate. The aim of this paper is to explore the range of legal techniques that have been adopted for the variation of permits and the consequences of these in terms of enabling regulatory action and of protecting the various interests that will be affected by such exercises of power. The impact of such variation is most obviously felt by the operators, potentially threatening the viability, if not the fundamental legality, of their activities, but there is also an effect on third parties and the environment.

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Section: Protection Of Other Interestsmentioning

confidence: 99%

Regulation in a Changing World: Review and Revision of Environmental Permits

Reid¹

2008

C.L.J.

View full text Add to dashboard Cite

show abstract

How Green is Judicial Review?

Cited by 1 publication

References 7 publications

Regulation in a Changing World: Review and Revision of Environmental Permits

Regulation in a Changing World: Review and Revision of Environmental Permits

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