Judicial and environmental review

Judicial review of environmental decisions

Duty of candour and disclosure requirements in judicial review provides the means to challenge the lawfulness of decisions made, actions or inactions by public bodies (or bodies exercising a public function). Judicial review cannot be used to review the merits of a decision but only the lawfulness of the way in which it was made. Consequently, challenges generally relate to the decision making process and/or to the question of whether the decision was irrational in the Wednesbury sense (ie the decision falls outside the spectrum of reasonableness).

Environmental judicial review claims launched by campaigning NGOs or individuals have typically concerned issues such as alleged failure to carry out an environmental impact assessment before consenting to development or activity (eg the building of a waste development site/plant or a wind farm) which it is alleged will cause environmental harm. Typical defendants are the Secretary of State, local authorities or the Environment Agency.

Judicial review is also frequently the appropriate mechanism in disputes between regulators and regulated businesses or activities (eg disputes concerning the waste status of metal scrap or feedstock for energy