Under the Aarhus Convention environmental NGOs and indeed members of the public should enjoy access to timely, affordable review procedures that can consider the merits of the decision, not just its procedure. We call this ‘Aarhus-compliant challenge’. In Scotland and the UK more generally, Ministers have claimed than Judicial Review is adequate. We believe it is inadequate on two grounds in Scotland: the costs involved, and particularly the risk of a punitive costs award; and the limitation to challenge only procedural matters.

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This briefing was produced by Stop Climate Chaos Scotland, of which we are a member.