GreenLaw’s EPBC Act research team: Nicholas Bulbeck, Sarah Norgrove, Shelby O’Connor and Andrew Ray, led by Annika Reynolds, has had their empirical research published and discussed in the media.

Over the summer of 2019-2020 the team undertook an empirical review of the last decade of public interest litigation under federal environmental legislation – the EPBC Act. The aim was determine if public interest litigants were taking advantage of the courts to push a ‘green’ agenda and stop major developers. The team found that there was no evidence of ‘lawfare’ – the claim that public interest litigants are abusing court processes to stop major projects.

Critically the research highlights that public interest litigants are bringing genuine cases, in fact, when only NGO litigants are assessed, there is a 45% success against The Environment Minister. Moreover, public interest litigants are not taking advantage of court processes or other mechanisms to delay and disrupt projects rebutting arguments made by conservative commentators

This research was recently published in a peer-reviewed journal – the Environment and Planning Law Journal and subject to an extended discussion in The Guardian.

To read The Guardian article you can visit: https://www.theguardian.com/australia-news/2020/jun/19/claims-major-projects-are-being-delayed-by-environmental-lawfare-dismissed-in-new-research.