In this talk, Justice Pepper will discuss the link between access to justice and the maintenance of the rule of law in the context of litigation by community environmental groups directed towards energy project approvals.

The two most common barriers to access to justice are standing and costs. Standing is because it ensures executive action does not exceed, and is in accordance with, the law. Costs can be sizable in environmental litigation, where the competing legal issues often involve complex scientific questions needing costly expert evidence. 

Restricting, or attempting to restrict, the rights of environmental litigants to challenge the lawfulness of executive decision-making is an attack on the rule of law. 

Using words such as ‘green lawfare’ or ‘vigilante litigation’ to debase attempts of advocates to effect environmental change has the very real prospect of undermining the rule of law and further eroding the public’s faith in the institutions that are critical to our democratic system.

Location: Level 46, Tower One, International Towers Sydney 100 Barangaroo Avenue Barangaroo, NSW 2000

This event is supported by: