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Lookup NU author(s): Professor Ole Pedersen
This is the authors' accepted manuscript of an article that has been published in its final definitive form by Oxford University Press, 2019.
For re-use rights please refer to the publisher's terms and conditions.
This article presents the findings from a quantitative study of 207 environmental judicial review 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 paper identifies the main reason for this in the dynamics between the ‘political’ nature of environmental law and the legal focus of judicial review. The article also finds that this 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.
Author(s): Pedersen OW
Publication type: Article
Publication status: Published
Journal: Journal of Environmental Law
Print publication date: 01/03/2019
Online publication date: 23/01/2019
Acceptance date: 05/02/2018
Date deposited: 20/02/2018
ISSN (print): 0952-8873
ISSN (electronic): 1464-374X
Publisher: Oxford University Press
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