Effectiveness of environmental governance arrangements: statement

Footnotes

1 Environmental governance arrangements: report - gov.scot (www.gov.scot)

2 Environmental Governance Review Briefing Paper on an Environmental Court.pdf (consult.gov.scot)

3 Memorandum-of-Understanding-between-the-Office-for-Environmental-Protection-20221011.pdf (environmentalstandards.scot)

4 The relevant section at page 28 of the Report states “The Scottish Government is committed to ensuring that there is effective access to justice on environmental matters in Scotland. We are aware of our obligations under the Aarhus Convention and work is in progress in relation to the areas of concern raised by the ACCC in order to ensure Scotland’s compliance with the requirements of the Aarhus Convention.”

5 A decision, an action or a failure to act by a public body may be challenged by way of judicial review on the grounds of irrationality or unreasonableness. This is sometimes referred to as ‘Wednesbury unreasonableness’ after the case Associated Provincial Picture Houses Ltd v Wednesbury Corporation (1948). A decision is Wednesbury unreasonable if it is “so unreasonable that no reasonable authority could ever have come to it”.

6 The relevant section at page 28 of the Report states “The Scottish Government is committed to ensuring that there is effective access to justice on environmental matters in Scotland. We are aware of our obligations under the Aarhus Convention and work is in progress in relation to the areas of concern raised by the ACCC in order to ensure Scotland’s compliance with the requirements of the Aarhus Convention.”

7 UK Withdrawal from the European Union (Continuity) (Scotland) Act 2021 (legislation.gov.uk)

8 ESS-Case-summary-IESS.22.018.pdf (environmentalstandards.scot)

9 Environmental Standards Scotland rolls out new community engagement programme - Environmental Standards Scotland