Delay to details of OEP environmental review power

摘要

Earlier this year, DEFRA consulted on changes to civil procedure rules to introduce a new power of environmentalreview for the watchdog, as provided for in the new Environment Act.The consultation clarifies that the OEP will be able to apply to the High Court for an environmental review if itconsiders that a decision notice it has served against a public body has not been met satisfactorily “on the balanceof probabilities”. The body must have broken environmental law in a serious way.