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Lawfare, standing and environmental discourse: a phronetic analysis
Citation
Murphy, B and McGee, J, Lawfare, standing and environmental discourse: a phronetic analysis, University of Tasmania Law Review, 37, (2) pp. 131-168. ISSN 0082-2108 (2018) [Refereed Article]
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Copyright Statement
Copyright 2018 the authors
Official URL: https://www.utas.edu.au/law/research/university-of...
Abstract
The Adani Carmichael Coal Mine in the Galilee Basin of Queensland is
one of the largest open cut coalmine proposals in the world. The
development approval process for the mine has been deeply contentious,
with opposition raised by environmental, farming and indigenous groups.
Federal government approval of the mine has been successfully challenged
in the Federal Court through judicial review. This led to a reconsideration
and subsequent re-approval of the project, combined with the Federal
Government proposing statutory changes to standing rules to restrict the
capacity of civil society groups to bring judicial review actions. Given the
broad standing provisions for judicial review that have been present in the
Environment Protection and Biodiversity Conservation Act (Cth) (‘EPBC
Act’) since its inception in 1999, what are the reasons behind this proposal
for significant change in Australian environmental law? Drawing on
phronetic legal enquiry methodology, this article provides a case study of
the ways in which societal discourses intersect with law and political
economy in shaping the ability of civil society to challenge the approval
processes for major resource projects. This case study shows that the
Federal Government’s agenda to reduce standing under the EPBC Act
represents a decisive attempt to assert power and control by reducing the
capacity of dissentients to oppose economic development. In doing so, this
case study highlights the value of phronetic legal inquiry as methodology
for analysing processes of change, and attempted change, in law.
Item Details
| Item Type: | Refereed Article |
|---|---|
| Keywords: | legal phronesis, standing, EPBC Act |
| Research Division: | Law and Legal Studies |
| Research Group: | Environmental and resources law |
| Research Field: | Environmental law |
| Objective Division: | Law, Politics and Community Services |
| Objective Group: | Justice and the law |
| Objective Field: | Civil justice |
| UTAS Author: | McGee, J (Associate Professor Jeffrey McGee) |
| ID Code: | 132694 |
| Year Published: | 2018 |
| Deposited By: | Office of the Faculty of Law |
| Deposited On: | 2019-05-16 |
| Last Modified: | 2022-08-29 |
| Downloads: | 33 View Download Statistics |
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