Letter: Environmental law: policy, pressure and procedure in a growth area

Sir: Sharon Wallach's piece on environmental law, focusing on Paul Bowden's 'environmental' practice, made entertaining reading. As Legal Director of the country's largest public interest environmental law group, I beg to differ with Mr Bowden on the factors influencing the growth in environmental litigation. First, legal aid is only available for very few environmental cases brought in the public interest, and even then its grant is challenged by certain defendants. Second, judicial review is not 'peculiarly' English: administrative and judicial review is available in all OECD countries and many developing nations. It is the case, however, that in England its availability is very limited in environmental cases.

Ironically, it is the Thorp case which has opened the door to more judicial reviews by ruling (a) that environmental groups can have a legal interest and standing to bring such cases and (b) that the unsuccessful Applicants (Greenpeace and Lancashire County Council) did not have to pay BNFL's legal costs.

Yours faithfully,

PHILIPPE SANDS

Legal Director

Foundation for International Environmental Law and Development

London, WC1