Scottish government urged to establish low-cost environmental court

Scottish government urged to establish low-cost environmental court

The Scottish government has been urged to establish a specialist environmental court for Scotland following findings earlier this year that the jurisdiction falls foul of international law.

In July, a UN body determined that Scotland’s legal system did not comply with international environmental and human rights law.

Article 9 of the Aarhus Convention, which the UK ratified in 2005, requires that access to review procedure over environmental matters should be fair, equitable, timely, and not prohibitively expensive.

In Scotland, the cost of taking legal action is excessive.

A report published by the Environmental Rights Centre for Scotland (ERCS) has called for an environmental court to be established and argues that the move would improve accessibility and reduce costs.

Author of the report and ERCS solicitor, Ben Christman, said: “Everyone in Scotland has the right to live in a healthy environment. As the law stands it is near impossible for ordinary people to use the legal system to stand up for the environment.

“It is eye-wateringly expensive and intimidating to go to court to challenge harmful environmental developments or policies.A low-cost, accessible environmental court or tribunal is urgently needed to ensure accountability over the environment.”

Dr Christman added: “An environmental court or tribunal would be a comprehensive way of bringing Scotland’s legal system into compliance with its obligations on environmental and human rights law. There has been a recent explosion in environmental courts, with nearly 1,500 worldwide.

“The Scottish government will consult about an environmental court before Spring 2023 and it should look to establish the kind of court or tribunal which will deliver the best outcome for people and the environment.”

A Scottish government spokesperson said: “To maintain high environmental standards, we have put in place arrangements to establish Environmental Standards Scotland as the new governance body, which has the ability to keep under review the implementation of international obligations relating to environmental protection legislation, and advise the government accordingly.”

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