The judicial review of administrative decisions with environmental consequences

The issues of climate change and the need to shape a new model of sustainable development strongly rely on the exercise of administrative functions by public authorities. The application of public powers in food and agriculture, energy, transportation, urban planning, construction, public procurement, landscape, and cultural heritage shapes the human activities that are capable of affecting the environment, both in everyday lives and in the production and consumption of materials. Undoubtedly, the public–private dynamic that is generated by the execution of the described administrative functions provokes hard conflicts of interests, given that it implies the application of unilateral powers in economically and ethically sensitive matters. This being the case, juridical disputes aimed at assessing the legitimacy of administrative decisions with environmental consequences are an almost unavoidable character of the legal system transitioning toward a greener and healthier dimension. Detecting the transversal features of this dynamic by analyzing the case law drawn from the US, the EU, Italy, and the UK, the chapter conceptualizes judicial review as a fundamental instrument to guarantee a balanced application of a national model of growth.