Standing Outside: An Environment of Challenge and Withheld Cures

Much of the recent analysis of standing rules has focused on the novel provisions of the Environment Protection and Biodiversity Conservation Act 1999 (Cth). That focus may distract attention from standing principles under the general law. This article examines those principles and argues that they can and should be adjusted, so that standing in environmental cases is less difficult to establish. The article also considers the developments to this effect that were confirmed by the UK Supreme Court in Walton v Scottish Ministers. It is argued that adoption of the simpler and more rational UK approach would represent a relatively small step in Australian law.