A Study of Administrative Environmental Decision-Making before the Courts. (23rd January 2019)

• Record Type: Journal Article
• Authors: Pedersen, Ole W
• Is Part Of: Journal of environmental law. Volume 31:Number 1(2019)
• Page Start: 59
• Page End: 82
• Publication Date: 2019-01-23
• Subjects: Environmental law -- adjudication -- judicial review -- statutory appeals -- administrative law -- deference; Environmental law -- Periodicals; Environmental law -- Great Britain -- Periodicals; 344.046
• DOI: 10.1093/jel/eqy026
• Languages: English
• ISSNs: 0952-8873

Abstract

Abstract: This article presents the findings from a quantitative study of 249 judicial environmental decisions. The study finds that the courts find against claimants challenging administrative environmental law decisions by a higher margin than in other areas of administrative law (though the margin varies from court to court). The article argues that the main reason for this is found in the interactions between the nature of environmental law and the strict legal focus inherent in judicial supervision. Often environmental law confers express statutory authority on administrative decision-makers, requiring them to balance competing interests against one another. When encountering these dynamics, courts are likely to defer to administrative decision-makers at a higher rate. The article also finds that the variation between courts is potentially narrowing and that the rate of success enjoyed by claimants varies depending on which public authority they seek to challenge. Having presented the quantitative findings of the study, the article briefly sketches out the relevance of the type of quantitative work presented here in relation to ongoing debates on role of the courts in environmental law whilst also identifying future avenues for additional follow-up research.