Environment; Jurisprudence; Planning; EU law; Environmental impact assessments; Environmental law; Planning permission; Stirling; Wind farms
Explores the the potential use of “wildlaw”, law that takes the interests of the environment as its starting point, in environmental impact assessments, with reference to Stirling Council’s decision on whether to grant planning permission for a wind farm on Ballindalloch Muir where the applicant’s assessment and consultation process had been flawed. Reviews the origins of the wildlaw concept in the Earth jurisprudence of Thomas Berry and associated writers. Notes the wind farm opponents’ choice of an anthropocentric argument. Proposes a system for incorporating wildlaw into assessments.
(2011) 23(1) Environmental Law & Management 7-19