The Aarhus Convention 1998 and the Environment Act 2021: Eroding Public Participation

Abstract

On the 25th anniversary of the signature of the Aarhus Convention on Access to Information, Public Participation in Decision‐making and Access to Justice in Environmental Matters, this article explores the neglect and suspicion of its values in the new foundations of English environmental law, the otherwise sometimes admirable Environment Act 2021. Examining the journey into the Environment Act, its provisions on consultation, and processes around its implementation, the author concludes that the arrangements for participation are flawed along at least four parameters: general quality and orderliness; information and evidence; inclusion; and impact. An exploration of the Act highlights the importance and the limitations of legally protecting rights to participate in environmental decision‐making. The neglect of or hostility towards participation that is apparent from this analysis is, sometimes explicitly, part of a broader suspicion of legally constrained decision‐making processes, and presents concerns to scholars and practitioners beyond environmental law.