Courts challenge government on Aarhus

Flaws in the UK’s implementation of the Aarhus Convention regarding legal costs can only be fixed by government, not judges, finds the Court of Appeal

Richard Macrory, professor of environmental law, University College LondonThe Court of Appeal recently held that government initiatives to implement Aarhus Convention requirements on access to environmental justice do not go far enough. But in Secretary of State for Communities and Local Government v Venn (Court of Appeal, Civil Division [2014] EWCA Civ 1539, 27 November 2014) the court held it is now up to government, not judges, to rectify the situation.

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