Extended Standing — Enhanced Accountability? Judicial Review of Commonwealth Environmental Decisions

Abstract:     
Environmental groups have difficulties being granted standing according to common law tests. However, environmental legislation in Australia often includes extended standing provisions that facilitate access to the courts for environmental groups. This article examines judicial review cases involving challenges by environmental groups to Commonwealth environmental decisions. The conclusion that is drawn from the cases is that while environmental groups may have gained access to the courts their challenges often fail on the grounds of judicial review. The cases indicate that the Federal Court has applied the grounds of review in an orthodox, restrained, manner which tends to inhibit the effectiveness of judicial review as an accountability mechanism for environmental groups.

Number of Pages in PDF File: 29

Keywords: administrative law, standing, judicial review, environmental groups

JEL Classification: K10, K30, K32

Accepted Paper Series