Guy, Sam orcid.org/0000-0003-0119-222X (2026) The Aarhus Environmental Costs Protection Regime, judicial review reform, and the Fingleton Nuclear Regulatory Review. Environmental Law Review. ISSN: 1461-4529
Abstract
The Nuclear Regulatory Review represents a significant milestone in the critique that judicial review contributes to sclerosis in the delivery of infrastructure. This analysis piece sets out and contextualises the theory of judicial review adopted in the Review, which resonates with a strand of thinking I have elsewhere termed ‘litigant power’. It engages with the Review’s proposed solutions to the challenge of judicial review in the nuclear sector, suggesting that some proposals, such as the targeted indemnification of projects under challenge, may represent creative responses which do not unduly impact access to justice. However, it contests the wisdom of some of the Review’s recommendations in relation to the Aarhus environmental costs capping regime, suggesting there are concerns as regards their fairness, workability, and likelihood to achieve their desired outcomes.
Metadata
| Item Type: | Article |
|---|---|
| Authors/Creators: | |
| Copyright, Publisher and Additional Information: | This is an author-produced version of the published paper. Uploaded in accordance with the University’s Research Publications and Open Access policy. |
| Dates: |
|
| Institution: | The University of York |
| Academic Units: | The University of York > Faculty of Social Sciences (York) > The York Law School |
| Date Deposited: | 01 Jul 2026 09:00 |
| Last Modified: | 10 Jul 2026 23:10 |
| Published Version: | https://doi.org/10.1177/14614529261466444 |
| Status: | Published online |
| Refereed: | No |
| Identification Number: | 10.1177/14614529261466444 |
| Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:242728 |
Download
Description: The Aarhus Environmental Costs Protection Regime, judicial review reform, and the Fingleton Nuclear Regulatory Review Final
Licence: CC-BY 2.5

CORE (COnnecting REpositories)
CORE (COnnecting REpositories)