Introduction

The concerns of environmental justice in general involve more than the substantive content of environmental law. Furthermore, institutional and procedural aspects of decision-making are particularly instrumental in promoting a fair distribution of goods and burdens – thus making it possible for those concerned to influence such decision-making. This is true in any social context, but perhaps even more so in the environmental field, which is characterised by a strong imbalance of power between actors.

In the environmental procedure, private persons, neighbours and others, can find themselves in the position of challenging large companies (often multinational) and public enterprises. On the one side large organisations with vast resources and all kinds of technical, economic and legal expertise, as well as considerable experience in such things as permit-procedures, appeal cases and trials for damages, are ranged against the other side, made up of one-shot litigants with no such financial resources, and often with little or no access to legal or scientific advice. Despite increased involvement in litigation on the part of non-governmental organisations (NGOs) over the past few decades, the picture has not changed. Essentially, the work of such organisations is based upon voluntary effort.

One would expect that the necessary alignment to reduce such imbalances in environmental procedures would be seen by all as a matter of course, something of fundamental value in any democratic society.