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

Federal Law Review, Vol. 39, No. 3, pp. 435-462, 2011

Sydney Law School Research Paper No. 12/16

29 Pages Posted: 27 Mar 2012  

Andrew Edgar

The University of Sydney Law School

Date Written: March 25, 2012

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.

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

JEL Classification: K10, K30, K32

Suggested Citation

Edgar, Andrew, Extended Standing — Enhanced Accountability? Judicial Review of Commonwealth Environmental Decisions (March 25, 2012). Federal Law Review, Vol. 39, No. 3, pp. 435-462, 2011; Sydney Law School Research Paper No. 12/16. Available at SSRN: https://ssrn.com/abstract=2028781

Andrew Edgar (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

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