Date: Thu, 24 Apr 2014 10:14:08 +0200
- Journal of Environmental Law - advance access
Twenty-Five Years of Domestic Case Law
The article considers domestic environmental case law decided between 1989 and 2013. In 1989, the term ‘environmental law’ was hardly recognised in academic or practitioner circles and environmental litigation remained quite undeveloped in the United Kingdom. Twenty-five years on, environmental law is a distinctive and mature specialism. Environmental cases decided between 1989 and 2013 reveal three broad themes: the development of domestic environmental law has been dominated by European Union law; environmental public law has become a distinctive body of public law; and there are ongoing tensions between the role of statutory regulation and the common law in protecting the environment. The article discusses the themes and how they have developed before concluding with a selection of the top five cases over the past 25 years.