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

Environmental and Planning Law Journal, Vol. 37, 2020

20 Pages Posted: 22 Dec 2021

See all articles by Annika Reynolds

Annika Reynolds

ANU College of Law

Andrew Ray

ANU College of Law

Shelby O'Connor

ANU College of Law

Date Written: March 1, 2020

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

Suggested Citation

Reynolds, Annika and Ray, Andrew and O'Connor, Shelby, Green Lawfare: Does the Evidence Match the Allegations? – An Empirical Evaluation of Public Interest Litigation under the EPBC Act from 2009 to 2019 (March 1, 2020). Environmental and Planning Law Journal, Vol. 37, 2020, Available at SSRN: https://ssrn.com/abstract=3991294

Annika Reynolds (Contact Author)

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Andrew Ray

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

Shelby O'Connor

ANU College of Law ( email )

Canberra, Australian Capital Territory 0200
Australia

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