With reference to the environment: the preliminary reference procedure, environmental decisions and the domestic judiciary

Examines case law where the UK courts decided not to refer questions about the interpretation or application of the EU environmental legislation to the European Court of Justice to identify the factors affecting this judicial reluctance to use the preliminary reference procedure. Notes that, between 2007-13, only 12 references to the Court of Justice have been made by the UK courts in environmental cases, and considers the consequences of this low referral rate. Discusses how the dialogue between the Court of Justice and national courts might be improved.