Judicial and environmental review

Judicial review and statutory review of environmental decisions

The starting-point in judicial review and statutory challenges is that the claimant must identify a legal error, as opposed to simply disagreeing with the decision-maker’s conclusion.

The general grounds of challenge in judicial review cases are set out in Practice Note: Judicial review—what it is and when it can be used. Some of the common grounds in environmental claims include:

1. •

   challenging the way in which a decision was made

2. •

   misinterpretation of environmental policy

3. •

   challenging decisions involving environmental impact assessment (EIA) and habitats regulations and

4. •

   challenging land use planning decisions

Judicial review does not generally extend to include a review of the merits of a decision but only the lawfulness of the way in which it was made. Consequently, any challenges that seek to allege that the substance