Although it has been clear for years that it would happen, the Aarhus Convention Compliance Committee (ACCC) recently found the EU in breach of the Aarhus Convention. This is due to the fact that public interest organisations and concerned individuals are unable to have acts by EU, that affect the environment, reviewed by the Court of Justice. I would like to argue that this opinion by the ACCC has no effect whatsoever. This post will focus solely on the standing of the public interest by way of Article 263 TFEU, a discussion with a long academic pedigree, but the reader should be aware that at issue at the ACCC besides 'general' standing, is the implementation of the Convention through Regulation 1367/2006. For reasons that will become clear, that challenge has a lot more chance of success.
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