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Environmental Rights Centre for Scotland

assisting the public to exercise their rights in environmental law

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A Scottish Environment Court

Scottish Environment Court

A dedicated Scottish Environment Court would increase our access to justice to hold public bodies and polluters to account.

What are environmental courts?

Environmental courts and tribunals specialise in resolving legal disputes relating to the environment, natural resources and land use.

Environmental courts and tribunals exist in over 2500 jurisdictions across nearly 70 countries worldwide, bringing together the expertise and legal powers needed to uphold our environmental rights.

Courthouse in Germany.
Felled ancient woodland in Scotland.
Unlicensed clear felling in ancient woodland in 2021 by Audrey Baird.

Scotland’s legal system is broken

Challenging environmental issues in court should be accessible, affordable, timely and effective. This is protected by the UNECE Aarhus Convention.

But Scotland’s legal system is currently not fit for purpose: it is complicated, intimidating and expensive, which results in environmental issues going unchecked.

Read the 3-year snapshot of our free legal advice service which highlights the extent of environmental problems in Scotland.

A Scottish Environment Court

We are calling for a dedicated Scottish Environment Court, so everyone can hold public bodies and polluters to account.

After Brexit, the Scottish Government was legally required to consider whether an environmental court would improve environmental governance in Scotland.

Their review in 2023 failed to do this, but the cost of legal action prevented us from taking the Government to court.

We are now urging the Government to establish a special committee to properly consider an environmental court. In January 2024, we gave evidence on the need for a Scottish Environment Court to the Scottish Parliament who are currently scrutinising environmental governance.

An infographic of how a Scottish Environment Court would improve our legal system: it would develop expertise, address fragmentation, increase access to justice, enable a flexible approach and enforce environmental rights.

A Scottish Environment Court would:

Increase access to justice

Access to justice in Scotland is prohibitively expensive, and our environmental cases focus on judicial reviews, which means that you can only challenge whether public bodies followed the law in how they made a decision, not the decision itself.

Scotland needs a superior court based on the needs and merits of the case.

Address fragmentation

Environmental litigation is currently fragmented across different courts and tribunals in Scotland.

A Scottish Environment Court would be an efficient one-stop shop for environmental cases.

Develop expertise

Environmental cases require judges who understand and apply complex environmental laws and principles.

A Scottish Environment Court could appoint technical or scientific members to help judges to develop specialist expertise.

Enable a flexible approach

Environmental courts can combine civil, administrative, and criminal jurisdictions which can allow judges to select the most effective remedy for a case.

Enforce environmental rights

The Scottish Government has committed to incorporating the right to a healthy environment in Scots law with the Human Rights (Scotland) Bill.

A dedicated Scottish Environment Court would provide the specialism and expertise to enforce the procedural element of the right to a healthy environment.


Blogs & news

14 April 2025

A bit of a waste of time for all of us: the Scottish Government’s Review of the Effectiveness of Environmental Governance

In this long read, our Legal Director Dr Ben Christman breaks down the failures of the Scottish Government’s review on environmental governance, in which they refused to strengthen environmental protections …

Read more
Karen Adam MSP, Scottish Parliament debate on the Aarhus Convention and access to environmental justice. Contains information licensed under the Scottish Parliament Copyright Licence.
11 April 2025

Scottish Parliament debates the Aarhus Convention and access to environmental justice – the highlights

Read our highlights from last week’s Scottish Parliament debate on the Aarhus Convention and access to environmental justice …

Read more
14 February 2025

Potential efficiency savings of a Scottish Environment Court

A new ERCS briefing shows how a dedicated Scottish Environment Court could deliver efficiency savings …

Read more
On a green background, two hands holding up a circle with a courthouse icon to symbolise a Scottish Environment Court. On the left, the title 'Lunchtime 101: Scottish Environment Court'.
1 May 2024

Lunchtime 101: Scottish Environment Court

How could a dedicated Scottish Environment Court help us hold public bodies and polluters to account for environmental damage? Watch our webinar …

Read more
11 December 2023

Petition handed in to Scottish Government for Human Rights Day

Today we submitted the final copy of our petition calling for an enforceable right to a healthy environment …

Read more
9 October 2023

New briefing condemns the Environmental Governance review as an unlawful failure

A new ERCS briefing responds to the Scottish Government’s Environmental Governance Review, highlighting our deep disappointment with the poor quality of the Report …

Read more

Resources

Efficiency savings and costs of a Scottish Environment Court
(Briefing, October 2023)

Lunchtime 101: Scottish Environment Court
(Webinar, May 2024)

Review of Environmental Governance Consultation
(Briefing, October 2023)

The clear and urgent case for a Scottish Environment Court
(Briefing, May 2023)

The clear and urgent case for a Scottish Environment Court
(Report, May 2023)

Why Scotland needs an environmental court or tribunal
(Report, October 2021)

All resources

Get the latest updates

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Header image: Court of Session in Edinburgh by Magnus Hagdorn, licenced under CC BY-SA 2.0, edited.

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Office number: 0131 358 0038

Freephone number: 0800 861 1738

Office hours 10am – 2pm weekdays

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ERCS Justice for People and the Environment

Environmental Rights Centre for Scotland

Mansfield Traquair Centre
15 Mansfield Place
Edinburgh, EH3 6BB

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