Delays, stoppages and appeals: An empirical evaluation of the adverse impacts of environmental citizen suits in the New South Wales land and environment court

Abstract

Environmental impact assessment (EIA) promotes considered and participatory decision-making, which can delay development and, at times, lead to projects being temporarily halted or permanently discontinued. Over the past decade, governments in a number of jurisdictions have proposed 'streamlining' reforms to eliminate perceived causes of unnecessary delays and stoppages. A target of these reforms has been environmental citizen suits (ECS): legal or merits-review proceedings initiated by private parties to uphold public environmental rights or interests for predominantly public purposes in order to generate public environmental benefits. This article reports the results of an empirical analysis of delays and stoppages attributable to ECSs in the NSW Land & Environment Court over the period 2008 to 2015. Key findings include: 109 finalised ECSs were identified over the period; 33 of the determined ECSs were successful (broadly defined); in 27 of the 33 successful ECSs, the activity that was the subject of the proceedings was subsequently approved or otherwise allowed to proceed; and the median major project delay caused by ECSs was 4.4 months. The results suggest the claims ECSs significantly hinder economic growth by delaying and stopping development are largely baseless. ECSs were relatively uncommon, rarely stopped development, and rarely caused major project delay