The different routes of challenge

The vast majority of environmental protection and regulation is delivered through public bodies such as the Environment Agency, Natural England, Defra, the Secretary of State for Transport and local authorities. Holding those bodies to account and challenging the decisions, acts and omissions of those public bodies is therefore a central component of environmental law. While there are a range of courts and tribunals in which to seek review and appeal decisions (for example the General Regulatory Chamber covering some environmental appeals, the Information Tribunal covering matters relating to environmental information, and the High Court considering appeals by case stated), two common and important routes are Judicial review and statutory review. In England and Wales, both involve claims being issued in the Administrative Court, a specialist court within the Kings Bench Division of the High Court.

Deciding whether judicial review or statutory challenge is the appropriate route will depend upon the type of decision which has been made and