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Vanderstock v Victoria: Fiscal Federalism Meets Environmental Constitutionalism? J. Environ. Law (IF 1.75) Pub Date : 2024-03-08 Lael K Weis
This analysis critically examines the High Court of Australia’s recent decision in Vanderstock & Anor v The State of Victoria [2023] HCA 30 as an instance of environmental impact litigation (‘EIL’). The Vanderstock plaintiffs successfully challenged a state tax on low-emissions and electric vehicles on the basis that it was a duty of excise: a tax that can only be imposed by the federal parliament
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The Aarhus Convention and the Latent Right to a Healthy Environment J. Environ. Law (IF 1.75) Pub Date : 2024-02-26 Emily Barritt
The Aarhus Convention is an ambitious environmental agreement that recognises the right to a healthy environment in its opening article. However, the ambiguous language surrounding this right gives the impression that it is ornamentation and not something requiring serious legal attention. At the same time, the procedural environmental rights which are the centrepiece of the Convention are being eroded
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The European Climate Law: Strengthening EU Procedural Climate Governance? J. Environ. Law (IF 1.75) Pub Date : 2024-01-10 Kati Kulovesi, Sebastian Oberthür, Harro van Asselt, Annalisa Savaresi
In 2021, the European Union (EU) adopted the so-called European Climate Law (ECL), enshrining in law the 2050 climate-neutrality objective and upgraded 2030 emission reduction target. The ECL bears the hallmarks of what we term ‘procedural climate governance’, which comprises the regulatory frameworks, instruments, institutions and processes that shape substantive climate policies and their implementation
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Environmental Challenges to UK Public Authorities: The Impact of the Judicial Review and Courts Act 2022 J. Environ. Law (IF 1.75) Pub Date : 2023-11-16 Patrick Kenny
The UK’s Judicial Review and Courts Act 2022 introduced into statute certain remedies for use where unlawfulness had been found on the part of a public authority or decision-maker carrying out public functions. These remedies allow for such unlawfulness to be deemed lawful, including where the courts consider that remedying an unlawful decision would negatively impact third parties or good administration
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How Much Should the Polluter Pay? Indian Courts and the Valuation of Environmental Damage J. Environ. Law (IF 1.75) Pub Date : 2023-11-12 Sroyon Mukherjee
On the face of it, the polluter pays principle (PPP) simply prescribes that the costs of pollution should be borne by those who were responsible for causing it. In practice, implementing the PPP raises a number of complex questions. In this article, I focus on one such key question, as interpreted by higher courts in India: how much should the polluter pay? I propose—and then apply—a three-part choice
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NGOs Shaping Public Participation Through Law: The Aarhus Convention and Legal Mobilisation J. Environ. Law (IF 1.75) Pub Date : 2023-08-28 Carolyn Abbot, Maria Lee
This article explores the relative neglect by environmental NGOs—at least until recently—of the middle, public participation, pillar of the Aarhus Convention. This can be seen in litigation, as well as in political advocacy, both domestically and at the international (Aarhus) level. Interviews with some key actors in this area and analysis of published documents provide insights into NGO decision-making
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ClientEarth v Shell plc and the (Un)Suitability of UK Company Law and Litigation to Pursue Climate-Related Goals J. Environ. Law (IF 1.75) Pub Date : 2023-08-28 Pablo Iglesias-Rodríguez
In February 2023, ClientEarth filed a derivative claim in the High Court of England and Wales against the Board of Directors of Shell plc for alleged breaches of their duties under the Companies Act 2006. According to ClientEarth, Shell’s Board of Directors has failed to put in place an energy transition strategy consistent with the Paris Agreement, increasing the exposure of Shell plc to climate risks
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Narrative and Story-telling in Darwall & Anor v Dartmoor National Park Authority J. Environ. Law (IF 1.75) Pub Date : 2023-08-28 Rhiannon Ogden-Jones
Darwall & Anor v Dartmoor National Park Authority [2023] EWHC 35 (Ch) is a case framed by a particular narrative about national parks. This narrative exists separately from the explicit terms of the National Parks and Access to the Countryside Act 1949. Whilst a case comment about narrative seems unconventional, it is fundamental to understanding this case. This is because narrative shapes the legal
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Exploring a Right to Submit Environmental Information Under International Environmental Law J. Environ. Law (IF 1.75) Pub Date : 2023-08-19 Sean Whittaker
Discussions on how the public engages with environmental information within environmental governance matters are primarily centred around the supply of environmental information to the public by the state. However, this focus downplays the importance of environmental information held by members of the public and the difficulties that individuals can experience when submitting such information to the
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Protection of Biocultural Heritage in the Anthropocene: Towards Reconciling Natural, Cultural, Tangible and Intangible Heritage J. Environ. Law (IF 1.75) Pub Date : 2023-06-28 Harsh Vardhan Bhati, Yaffa Epstein
This article examines the effectiveness, legitimacy, and fairness of heritage conservation outcomes under the 1972 World Heritage Convention (1972 WHC), with a focus on recognising and respecting the rights of Indigenous Peoples in heritage nomination, protection, and management. Examining conflicts surrounding World Heritage sites in Kenya and Sweden, this article argues that recognition of biocultural
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Significant UK Environmental Law Cases 2022–23 J. Environ. Law (IF 1.75) Pub Date : 2023-06-20 Ned Helme, Adam Boukraa, Stephanie David, Eleanor Leydon
This case law overview comments on significant UK environmental law cases for the period 1 April 2022–31 March 2023. It begins with an overarching introduction, which draws some general themes from our selection of cases, focussing on the scope of environmental law, connections between private and public law disputes, and the standard of review in the public law context. It then addresses 12 significant
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Assessing the Development Prospects of Carbon Capture and Storage from the Perspective of Law and Economics J. Environ. Law (IF 1.75) Pub Date : 2023-06-08 Lin Zhang, Xiaochen Zhang, Xin Zhang
This review article examines Faure and Partain’s book Carbon Capture and Storage: Efficient Legal Policies for Risk Governance and Compensation. In nine chapters, extending across almost 220 pages, Faure and Partain present us with a great deal of key analytical insights regarding current carbon capture and storage (CCS) policies. Following their viewpoints, we methodically show the applicability of
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Just Transition as an Evolving Concept in International Climate Law J. Environ. Law (IF 1.75) Pub Date : 2023-05-25 Vilja Johansson
‘Just transition’ has grown into an increasingly popular concept in climate policy. During the recent decade, it has been included in both international and national climate law frameworks. The concept, however, has not received much attention from legal scholars. Addressing this gap, this article analyses the meaning and legal implications of just transition, specifically within international climate
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The Impact-based Regulatory Strategy in Environmental Law: Hallmark of Effectiveness or Pitfall for Legitimacy? J. Environ. Law (IF 1.75) Pub Date : 2023-05-12 Niko Soininen, Seita Romppanen, Mika Nieminen, Sampo Soimakallio
EU environmental law increasingly adopts an impact-based regulatory strategy that places biophysical sciences in a significant role not only in designing regulation but also in interpreting and implementing the law. While crucial for the effectiveness of environmental law, such a regulatory strategy creates challenges for the legitimacy of EU environmental law. This article traces the shift from a
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The Protection of Animal Welfare vis-à-vis Recreational Fishing: The Judgment C-148/22 of the Colombian Constitutional Court J. Environ. Law (IF 1.75) Pub Date : 2023-05-05 Marcelo Lozada Gomez
This analysis considers the recent ruling of the Colombian Constitutional Court, C-148/22, in which the Court banned recreational fishing in the country citing the prohibition of animal cruelty under the Colombian constitution and the precautionary principle. This unprecedented decision by a constitutional tribunal illustrates the growing importance of animal welfare as a justiciable standard of adjudication
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Legal Dilemmas of Climate Action J. Environ. Law (IF 1.75) Pub Date : 2023-04-10 Sanja Bogojević
How we frame environmental problems and their solutions matters. Under the UK Net Zero Strategy and the European Green Deal, climate action—as a policy- and regulatory response to climate change—is framed overwhelmingly positive and coupled with the ambitions to generate growth, facilitate innovation, improve health and wellbeing, ensure inclusiveness and much else. This is done to project climate
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From ‘ILCs’ to ‘IPLCs’: A Victory for Indigenous Peoples’ Rights Advocacy Under the Convention on Biological Diversity? J. Environ. Law (IF 1.75) Pub Date : 2023-03-21 Xiaoou Zheng
Indigenous and local communities (ILCs) are special right-holders under the Convention on Biological Diversity (CBD). Since 2010, the CBD parties have been called upon to adopt the terminology ‘Indigenous Peoples and local communities’ (IPLCs) to better reflect the international human rights development, especially with respect to Indigenous Peoples. The CBD parties agreed to this terminological change
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Access to Data for Environmental Purposes: Setting the Scene and Evaluating Recent Changes in EU Data Law J. Environ. Law (IF 1.75) Pub Date : 2023-03-08 Michèle Finck, Marie-Sophie Mueller
Few policy issues will be as defining to the EU’s future as its reaction to environmental decline, on the one hand, and digitalisation, on the other. Whereas the former will shape the (quality of) life and health of humans, animals and plants, the latter will define the future competitiveness of the internal market and relatedly, also societal justice and cohesion. Yet, to date, the interconnections
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Energy Geopolitics and Climate Law: Interdisciplinary Environmental Law Scholarship in a Geopolitical World J. Environ. Law (IF 1.75) Pub Date : 2023-03-08 Anatole Boute
Energy geopolitics has received limited attention in the climate law scholarship, despite the importance of the energy sector for climate change and the impact of energy crises on the effectiveness of decarbonisation mechanisms. The shock caused by the current war in Ukraine shows that, in a geopolitical world, geopolitical analysis must be integrated into climate, and more generally environmental
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Climate Change, Fundamental Rights, and Statutory Interpretation J. Environ. Law (IF 1.75) Pub Date : 2023-02-24 Ceri Warnock, Brian J Preston
The climate change crisis demands a wholesale transformation of law. In this article, we consider one potential component of that transformation: the role that rights-protective statutory interpretation might play. Specifically, we analyse the transformative potential of the principle of legality. The principle of legality is a presumption of statutory interpretation that legislation should not be
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U.S. Agency Experts in Shackles: The Quest for Information J. Environ. Law (IF 1.75) Pub Date : 2023-02-20 Thomas McGarity, Wendy Wagner
In taking stock of environmental and administrative scholarship for the future, one area in need of investigation is whether expert agencies are actually given the authority and tools they need to carry out their delegated assignments. We know that the political branches and courts often impose constraints on agency experts in ways that are likely to compromise the agencies’ ability to fulfill their
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Allocation of Institutional Responsibility for Climate Change Mitigation: Judicial Application of Constitutional Environmental Provisions in the European Climate Cases Arctic Oil, Neubauer, and l’Affaire du siècle J. Environ. Law (IF 1.75) Pub Date : 2023-01-14 Agnes Hellner, Yaffa Epstein
This article examines three constitutional environmental provisions and how they have been applied by courts in Europe in three climate cases from Norway, Germany and France. In each of these cases, directive principles, that is, constitutionally entrenched state obligations to protect social values, generally by enacting legislation, played a key role in judicial decisions regarding climate change
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Environmental Legal Research is Changing: Alternating Tenor/Terror of Scholarship, Despair and Self-Care J. Environ. Law (IF 1.75) Pub Date : 2022-12-31 Duncan French, David L Dawson, Nima Golijani-Moghaddam
No one can tell us—as individuals—how we should feel about environmental harm, be it upset at individual species loss, distress at systemic level change, or deeper existential angst. That universal truism applies as much to us, as scholars, as it does to us as world-citizens. Recognising that environmental harm is increasingly impacting lived experiences, this commentary both argues that we should
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Trading Plastic Waste in a Global Economy: Soundly Regulated by the Basel Convention? J. Environ. Law (IF 1.75) Pub Date : 2022-09-25 Eva Romée van der Marel
This article investigates the implications of the Basel Convention’s amendments on plastics as part of the transition to a more sustainable global plastics economy where plastic wastes are seen as a valuable resource. Key categories of plastics continue to be excluded from the Convention, provided they are destined for recycling in an ‘environmentally sound manner’ (so-called ESM recycling). The exact
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Waste, Fertilising Product, or Something Else? EU Regulation of Biochar J. Environ. Law (IF 1.75) Pub Date : 2022-09-10 Luka Štrubelj
The Intergovernmental Panel on Climate Change Sixth Assessment Report (report) on mitigation of climate change brought greenhouse gas removals (GGRs) under the spotlight. The report relied on the use of GGRs in all models suggesting how to comply with the Paris Agreement’s temperature targets. The EU has adopted specific legislation to address one of the more technologically mature GGR methodologies—biochar—and
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The Evolution and Emergence of Environmental Law Scholarship—A Perspective from Three Journals J. Environ. Law (IF 1.75) Pub Date : 2022-08-27 Ole W Pedersen
In the attempt to lay the foundations for a better understanding of environmental law scholarship, this article offers a local perspective of environmental law scholarship in the UK. Through a study of more than 1,400 articles published in three leading UK environmental law journals over the course of three decades, the article considers the ways in which environmental law scholarship has changed over
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Advocating for the Environment, Charity Law and Greenpeace: A New Zealand Perspective J. Environ. Law (IF 1.75) Pub Date : 2022-08-27 Juliet Chevalier-Watts
In terms of environmental protection (and with reference to the filming location of the Lords of the Rings), New Zealand has been described as ‘a friend to Middle Earth, but no friend of the Earth’, which is in stark contrast to its international image that it seeks to foster of being ‘100% pure New Zealand’. This article considers the tension between New Zealand’s approach to environmental advocacy
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The Complexities of Comparative Climate Constitutionalism J. Environ. Law (IF 1.75) Pub Date : 2022-07-23 Navraj Singh Ghaleigh, Joana Setzer, Asanga Welikala
Climate constitutionalism is a relatively novel legal field that has nonetheless adopted a very distinct character. Picking up on the classical liberal tack, it is marked by a distrust of state power as it relates to climate action or inaction. This is a venerable approach. In his 1967 classic, MJC Vile recounts that the ‘great theme of the advocates of constitutionalism [had been] the frank acknowledgement
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Environmental Constitutionalism and Duties of Individuals in India J. Environ. Law (IF 1.75) Pub Date : 2022-07-23 Lovleen Bhullar
Environmental constitutionalism encompasses rights as well as duties of the State and individuals. However, environmental duties of individuals are seldom discussed in detail. What is their contribution to environmental constitutionalism? This article examines the origin and design, as well as judicial adjudication of the fundamental environmental duty of citizens in the Constitution of India to answer
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Significant UK Environmental Law Cases 2021–22 J. Environ. Law (IF 1.75) Pub Date : 2022-06-28 Ned Helme, Adam Boukraa, Stephanie David, Eleanor Leydon
This article comments on significant UK environmental law cases for the period 1 April 2021 to 31 March 2022. It begins with an overarching introduction focussing on the standard of review in environmental claims in the public law context and drawing attention to tension on the domestic bench on matters of approach. It then addresses a selection of significant cases in the fields of climate change
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The Impact of the European Landscape Convention on Landscape Planning in Spain, Italy and England J. Environ. Law (IF 1.75) Pub Date : 2022-06-28 Stefano Civitarese Matteucci, Gian Franco Cartei
The influence of the European Landscape Convention (ELC) on the landscape planning legal framework of Italy, Spain and England is discussed. The ELC defines landscape, holistically, as something perceived by people in their everyday life. Integrating landscape protection and management into every policy influencing the quality of a territory is a major ELC’s goal. This view challenges the interpretation
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Regulating Trade in Forest-Risk Commodities: Two Cheers for the European Union J. Environ. Law (IF 1.75) Pub Date : 2022-01-31 Gracia Marín Durán, Joanne Scott
The European Union (EU) is a major importer of forest-risk commodities (FRCs) and thereby bears significant responsibility for the dangerous trend of global deforestation and forest degradation. On 17 November 2021, the European Commission took a courageous first step towards reducing the EU’s global deforestation footprint, by putting forward a legislative proposal to regulate trade in FRCs. The article
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NGOs as Lobbyists: A Casualty of Environmental Law’s Tunnel Vision? J. Environ. Law (IF 1.75) Pub Date : 2022-01-24 Korkea-aho E.
Academy of Finland, Academy Research Fellowhip ‘The Lobbyist. A Socio-Legal Inquiry of Interest Representation in the EU’295920
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Corrigendum to: The Intergenerational Effect of Fundamental Rights: A Contribution of the German Federal Constitutional Court to Climate Protection J. Environ. Law (IF 1.75) Pub Date : 2022-01-10 Winter G.
Journal of Environmental Law, 2021, https://doi.org/10.1093/jel/eqab035
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Compelled by the Court to Act on Climate Change: Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92 J. Environ. Law (IF 1.75) Pub Date : 2021-12-30 Laura Schuijers
This analysis considers Bushfire Survivors for Climate Action Incorporated v Environment Protection Authority [2021] NSWLEC 92, in which an Australian environment protection authority was issued a mandamus to compel it to perform a public duty to develop instruments to ensure the protection of the environment from climate change. Brought by a group of climate activists affected by bushfire, it is the
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Maintaining, Enhancing and Restoring the Peatlands of Wales: Unearthing the Challenges of Law and Sustainable Land Management J. Environ. Law (IF 1.75) Pub Date : 2021-12-09 Victoria Jenkins, Jonathan Walker
Peatlands are essential to environmental imperatives with respect to achieving net zero and nature recovery. Sustainable Peatland Management (SPM) can help to restore, maintain and enhance peatlands to ensure they meet their potential in delivering multiple ecosystem benefits. SPM has attracted a great deal of attention in policy and practice but there has been no attempt to carry out a comprehensive
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Space Matters: Environmental Law’s Spatial Character and Context J. Environ. Law (IF 1.75) Pub Date : 2021-12-08 Benjamin J Richardson
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The Role of Narrative in Environmental Law: The Nature of Tales and Tales of Nature J. Environ. Law (IF 1.75) Pub Date : 2021-12-01 Chris Hilson
While narrative is a much-used term in environmental law scholarship, it is often used rather indiscriminately and interchangeably with other terms such as framing and discourse. The current article sets out to examine the various ways in which narrative features in the existing literature with a view to encouraging more critical and reflective usage. It also advocates for narrative, both to connect
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The ‘Advance Interference-Like Effect’ of Climate Targets: Fundamental Rights, Intergenerational Equity and the German Federal Constitutional Court J. Environ. Law (IF 1.75) Pub Date : 2021-12-01 Petra Minnerop
Some climate lawsuits qualify as landmark cases, because they either mark an unexpected turning point in environmental jurisprudence, or they introduce a new conceptual analysis of the law vis-à-vis the global challenge of climate change. The decision of the German Federal Constitutional Court from March 2021 meets both criteria, it has already defined climate policy and law-making in Germany, and
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Systemic Climate Change Litigation, Standing Rules and the Aarhus Convention: A Purposive Approach J. Environ. Law (IF 1.75) Pub Date : 2021-11-22 Orla Kelleher
Abstract This article explores whether an exceptional approach to standing rules is needed to square the gatekeeping function of the courts of states/international organisations that are signatories to the Aarhus Convention with the complexity and urgency of the climate crisis. The central claim is that standing rules do not necessarily need to be reconstructed to resolve this conflict. Rather, what
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Who Owns the Heat? The Scope for Geothermal Heat to Contribute to Net Zero J. Environ. Law (IF 1.75) Pub Date : 2021-11-05 Anna McClean, Ole W Pedersen
Geothermal resources can be used to produce heat or generate electricity. It has been estimated that the UK has sufficient geothermal resources to meet all its heating demands for the next 100 years and provide 9 per cent of England’s and 85 per cent of Scotland’s electricity demand. Geothermal resources therefore have the potential to make a significant contribution to the achievement of net zero
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The Intergenerational Effect of Fundamental Rights: A Contribution of the German Federal Constitutional Court to Climate Protection J. Environ. Law (IF 1.75) Pub Date : 2021-10-21 Gerd Winter
By a recent judgment, the German Federal Constitutional Court enhanced the concept of fundamental rights to climate protection in three dimensions: their number, content and temporal reach. While previously fundamental rights to health, occupation and property have been trialled in domestic climate litigation, the Court here propounds almost all fundamental rights to being inflicted insofar as their
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Revisiting Missed Opportunities: A Self-Reflection on (Not Always) Writing Meaningfully J. Environ. Law (IF 1.75) Pub Date : 2021-10-11 French D.
This year’s Journal of Environmental Law annual workshop on ‘Different Voices, Different Knowledges’ raises important questions about identities, perspectives, privilege and marginalisation within the academy in relation to environmental law and related scholarship. Here I want to ask a singular question; how can I write meaningfully about international environmental law and the Global South when I
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Using Sound Science Responsibly: Stories from the Scottish Seas and Hills J. Environ. Law (IF 1.75) Pub Date : 2021-10-11 Reid C.
One of the guiding principles set out in One Future—Different Paths: The UK’s Shared Framework for Sustainable Development, adopted in 2005, was: ‘using sound science responsibly’.11 This is an admirable goal, although (applying a useful test for the significance of all vision and policy statements), it is hard to imagine anyone formally advocating for the opposite: irresponsibly acting in a way that
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The Delicate Task of Including Different Voices in Environmental Law Making in India J. Environ. Law (IF 1.75) Pub Date : 2021-10-11 Kodiveri A.
Hindu Center for Politics and Public Policy
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Fiction as Legal Method—Imagining with the More-than-Human to Awaken Our Plural Selves J. Environ. Law (IF 1.75) Pub Date : 2021-10-11 Lim M.
Have you ever wondered what it might be like to be alone in this world? Completely alone. To be the last of your kind. To be…an endling.11
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Environmental Law, Scholarship, and Epistemic Responsibility J. Environ. Law (IF 1.75) Pub Date : 2021-10-11 Fisher L.
The physical and socio-political complexity of environmental problems means they can be hard to ‘see’. Here is an example. In a recent merits review in the Land and Environment Court of New South Wales, the issue before an Acting Commissioner concerned a local government refusal of a development application for a building subdivision.11 The grounds of refusal were the ecological impacts of the development
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Carbon Border Adjustment Measures: A Straightforward Multi-Purpose Climate Change Instrument? J. Environ. Law (IF 1.75) Pub Date : 2021-09-15 Alice Pirlot
Carbon border adjustment measures (CBAMs) are instruments that can be used to mitigate climate change, but also have a positive impact on trade, climate leadership and even public finance. In this article, I challenge the view that they can serve as straightforward multi-purpose instruments. In a first step, I analyse each of the purposes that can be achieved through CBAMs and explain their underlying
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Recent Youth-Led and Rights-Based Climate Change Litigation in Canada: Reconciling Justiciability, Charter Claims and Procedural Choices J. Environ. Law (IF 1.75) Pub Date : 2021-09-08 Camille Cameron, Riley Weyman
This analysis examines three recent and ongoing Canadian climate change litigation cases: ENvironnement JEUnesse c Procureur général du Canada, La Rose v Canada and Mathur v Ontario. Consistent with international climate change litigation trends, these cases are youth-led and rights-based and they advance claims for present and future generations. They present apparently conflicting judicial views
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Climate Disruption in Canadian Constitutional Law: References Re Greenhouse Gas Pollution Pricing Act J. Environ. Law (IF 1.75) Pub Date : 2021-08-30 Jocelyn Stacey
This analysis considers the Supreme Court of Canada’s decision in References re Greenhouse Gas Pollution Pricing Act, 2021 SCC 11, in which a majority of the Court upheld as constitutional national carbon pricing legislation. The decision presents an excellent illustration of the legally-disruptive nature of climate change. Illustrating that nothing is static in a climate disrupted world—including
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Significant International Environmental Law Developments: 2020–2021 J. Environ. Law (IF 1.75) Pub Date : 2021-08-27 James Harrison
The world’s attention during 2020 and early 2021 was understandably focused on the global Covid-19 pandemic and finding ways in which to mitigate the terrible toll on human life being wreaked by the disease. As a result, many other international initiatives were put on hold. It is therefore not surprising that there have been relatively few significant developments in international environmental law
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Narratives as Tools of Legal Re-Imagination in the Climate Crisis J. Environ. Law (IF 1.75) Pub Date : 2021-08-16 Chiara Armeni
Law, Fiction and Activism in a Time of Climate Change. By NICOLE ROGERS [Routledge, 2020, ISBN 9781138611214, Hardback, 248 pp, £96]
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Friends of the Earth: At the Intersection of Environmental and Administrative Law? J. Environ. Law (IF 1.75) Pub Date : 2021-06-24 Mills A.
The judgment in R (Friends of the Earth Ltd) v Heathrow Airport Ltd,11 adds to the important picture of the relationship between administrative law doctrine in general, and the application of power under specific statutory regimes. This analysis will draw out three main elements of this picture: first, the understanding of the place of policy in a legal framework; secondly, the use of administrative
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Climate Constitutionalism of the UK Supreme Court J. Environ. Law (IF 1.75) Pub Date : 2021-06-18 Ghaleigh N.
The proposed expansion of London’s Heathrow airport by way of a third runway is one-part infrastructure, two-part national soap opera. Legal controversy has been present from the first. The Heathrow site, previously orchard land, was acquired using emergency wartime powers in 1946, prompting decadal litigation.11 Plans for a third runway have a similar saga-like quality. Policy papers came and went
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Friends of the Earth: Implications for Planning Law J. Environ. Law (IF 1.75) Pub Date : 2021-06-15 Westaway N.
At the very start of the Supreme Court’s judgment in R (Friends of the Earth Ltd) v Heathrow Airport Ltd,11 Lords Hodge and Sales emphasised that the case ‘concerns the framework which will govern an application for the grant of development consent for the construction of a third runway at Heathrow Airport.’22 Central to that perspective on the case was that the Airports National Policy Statement (‘ANPS’)
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Friends of the Earth & Legal Interdisciplinarity: Introduction by the Analysis Editors J. Environ. Law (IF 1.75) Pub Date : 2021-06-15 Bell J, Bogojević S, Hamlyn O.
What counts as environmental law adjudication? Or to put it differently; how do we decide which cases demand attention in an environmental law journal, such as this one? Is it the relevance of environmental legislation to the court’s legal reasoning, or would the mere reference to environmental problems and their related laws do? In either case, the net is cast wide. Environmental disputes are undoubtedly
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Shaping REDD+: Interactions between Bilateral and Multilateral Rulemaking J. Environ. Law (IF 1.75) Pub Date : 2021-08-09 María Eugenia Recio
This article studies bilateral partnerships on reducing emissions from deforestation and forest degradation (REDD+), particularly those led by Norway, through the conceptual lens of legal diffusion. The article argues that rules created through such partnerships have significantly influenced rulemaking under the United Nations Framework Convention on Climate Change. It shows that bilaterally developed
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A Duty to Care: The Case of Sharma v Minister for the Environment [2021] FCA 560 J. Environ. Law (IF 1.75) Pub Date : 2021-08-05 Jacqueline Peel, Rebekkah Markey-Towler
This analysis considers the implications of Sharma v Minister for the Environment [2021] FCA 560 and its finding of a novel duty of care owed by the Australian Government to children to prevent climate harms. While the judgment of a single Federal Court justice is likely to be appealed and did not result in an injunction halting the coal mine, its close consideration of scientific evidence of climate
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A Review in Three Haikus J. Environ. Law (IF 1.75) Pub Date : 2021-08-05 Barritt E.
The Art of Environmental Law: Governing with Aesthetics. By RichardsonBenjamin J [Oxford: Hart Publishing, 2019, ISBN 9281509924608, hardback, 320 pp, £80.00]
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Rights of Nature in Practice: A Case Study on the Impacts of the Colombian Atrato River Decision J. Environ. Law (IF 1.75) Pub Date : 2021-08-02 Philipp Wesche
In recent years, several countries have adopted a new legal approach to address ecological damages by granting fundamental rights to non-human natural entities. Yet, little is known about the actual impacts of this new constitutionalism of nature on environmental protection. This article seeks to better understand these impacts by presenting a case study of the Colombian Atrato River decision. Based