Green Lawfare: Does the Evidence Match the Allegations? – An Empirical Evaluation of Public Interest Litigation under the EPBC Act from 2009 to 2019

Abstract

The alleged rise of tactical litigation by public interest groups challenging decisions made under the Environment Protection and Biodiversity Conservation Act 1999 (Cth) (EPBC Act) has been used to justify calls by government and interest groups to repeal the extended standing provisions contained in the Act. These calls, however, have not been supported by empirical analysis to date. This article builds on existing research to determine whether tactical lawfare is being used to disrupt and delay development projects in Australia. It concludes that there is no evidence of awfare by environmental groups, and that reducing the wider standing afforded under the EPBC Act is not justified by the objectives of the Act, or key international environmental agreements.

Keywords: Environmental Law, Lawfare, Judicial Review