Lawfare, Standing and Environmental Discourse: A Phronetic Analysis

Brendon MURPHY, Jeffrey McGee

Research output: Contribution to journalArticle

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.
Original languageEnglish
Pages (from-to)131-168
Number of pages38
JournalUniversity of Tasmania Law Review
Volume37
Issue number2
Publication statusPublished - 2018
Externally publishedYes

Fingerprint

Federal Government
biodiversity
discourse
civil society
conservation
act
Law
environmental law
methodology
coal
political economy
opposition
Group
ability
resources
economics
Values

Cite this

@article{4d94e9914f6e4228b310b2832047fec0,
title = "Lawfare, Standing and Environmental Discourse: A Phronetic Analysis",
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.",
keywords = "Environmental Discourse, Environmental Law, Judicial Review, Phronetic Analysis, Standing",
author = "Brendon MURPHY and Jeffrey McGee",
year = "2018",
language = "English",
volume = "37",
pages = "131--168",
journal = "University of Tasmania Law Review",
issn = "0082-2108",
number = "2",

}

Lawfare, Standing and Environmental Discourse: A Phronetic Analysis. / MURPHY, Brendon; McGee, Jeffrey.

In: University of Tasmania Law Review, Vol. 37, No. 2, 2018, p. 131-168.

Research output: Contribution to journalArticle

TY - JOUR

T1 - Lawfare, Standing and Environmental Discourse: A Phronetic Analysis

AU - MURPHY, Brendon

AU - McGee, Jeffrey

PY - 2018

Y1 - 2018

N2 - 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.

AB - 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.

KW - Environmental Discourse

KW - Environmental Law

KW - Judicial Review

KW - Phronetic Analysis

KW - Standing

M3 - Article

VL - 37

SP - 131

EP - 168

JO - University of Tasmania Law Review

JF - University of Tasmania Law Review

SN - 0082-2108

IS - 2

ER -