000			01918nab a2200253 4500
999			_c11306 _d11306
003			OSt
005			20210217113955.0
007			cr aa aaaaa
008			210217b ||||| |||| 00| 0 eng d
100			_aPerraudeau, Maia _943377
245			_aBack to the future: Brexit, EIA and the challenge of environmental judicial review
260			_bSage, _c2019.
300			_aVol 21, Issue 1, 2019( 6-20 p.)
520			_aThis article explores how legal culture influences judicial interpretation of environmental legislation, which in turn affects how effectively public authorities are legally held to account for environmental decisions. Analysis of initial case law from the UK’s transposition of the EU Environmental Impact Assessment Directive shows English administrative courts interpreting the directive so restrictively as to undermine the purpose of the legislation itself. It will be suggested that the political sensitivity and legal complexity of administrative law, combined with the legally challenging nature of environmental problems, contribute to a legal culture of narrow interpretation. In contrast, the purposive and effectiveness-orientated approach of EU legal culture facilitated the House of Lord’s later reinterpretation of the Directive, allowing increased judicial engagement in the challenge of environmental law. This article therefore contends that ensuring effective environmental law after Brexit will require a reframing of the legal culture of administrative law itself.
650			_aAdministrative law, _943378
650			_a Brexit, effectiveness, _943142
650			_a Environmental Impact Assessment, _943379
650			_a environmental law, _943380
650			_ainterpretation, _943381
650			_alegal culture _943382
773	0		_011304 _915506 _dSage, 2019. _tEnvironmental law review
856			_uhttps://doi.org/10.1177/1461452918810144
942			_2ddc _cART