Flying foxes, dams and whales: using federal environmental laws in the public interest

McGrath, Chris (2008) Flying foxes, dams and whales: using federal environmental laws in the public interest. Environmental and Planning Law Journal, 25 5: 324-359.

Author McGrath, Chris
Title Flying foxes, dams and whales: using federal environmental laws in the public interest
Journal name Environmental and Planning Law Journal   Check publisher's open access policy
ISSN 0813-300X
Publication date 2008
Sub-type Critical review of research, literature review, critical commentary
Open Access Status
Volume 25
Issue 5
Start page 324
End page 359
Total pages 36
Place of publication Rozelle, NSW, Australia
Publisher Lawbook
Language eng
Abstract This article examines the current opportunities and obstacles for public interest environmental litigation at a federal level in Australia. It provides a survey and a series of five case studies of public interest litigation under the Environment Protection and Biodiversity Conservation Act 1999 (Cth). The main conclusions reached are that standing and lack of substantive laws are no longer the major obstacles to public interest environmental litigation in Australia at a federal level. The main obstacles are the threat of adverse costs orders, a general lack of financial resources, and the lack of merits review. These obstacles inhibit public interest litigation enforcing the law and promoting good decision-making by government. The article concludes with recommendations to alleviate these obstacles under the EPBC Act and the emerging climate change regime.
Keyword Public interest environmental litigation
Environmental law - Australia
Environmental protection and biodiversity conservation act
Q-Index Code C1
Q-Index Status Provisional Code
Institutional Status Non-UQ

Document type: Journal Article
Sub-type: Critical review of research, literature review, critical commentary
Collection: School of Geography, Planning and Environmental Management Publications
 
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Created: Thu, 17 Apr 2014, 00:33:03 EST by Dr Chris Mcgrath on behalf of School of Geography, Planning & Env Management