Part 1: Environmental Governance Chapter 2: The Office for Environmental Protection Section 39: Judicial review: powers to apply in urgent cases and to intervene
This section makes provision for the OEP to apply for judicial or statutory review in specific circumstances and to intervene in third party judicial reviews and statutory reviews where appropriate.
	Subsection (1) provides that the OEP may apply for judicial review, or a statutory review (a legal challenge procedure similar to judicial review, but under specific legislation – for instance, the Town and Country Planning Act 1990 procedure by which an applicant may challenge a decision of the Secretary of State), of a public authority’s conduct, whether or not it has issued an information or decision notice, if it considers that the public authority in question has committed a serious breach of environmental law, and if what is referred to as "the urgency condition" is met.
	Subsection (2) defines the urgency condition. The effect of these provisions is that the OEP could only make an application for judicial review (or statutory review), rather than proceeding according to its normal enforcement procedure (information notice; decision notice; environmental review), if it is "necessary" to do so in order to prevent or mitigate serious damage to the natural environment or human health. This could be the case if, for example, the serious damage would have already happened by the time that the normal enforcement procedure reached the court and a more urgent court judgment was needed. To give all parties certainty, the OEP will be required to set how it intends to determine whether damage is serious for the purpose of this section in its enforcement policy, as part of its strategy (see section 23(6)(b)). Subsection (3) disapplies section 31(2A), (3C) and (3D) of the Senior Courts Act 1981 in relation to judicial review applications under subsection (1) of this section in England and Wales, which limit the granting of permission for judicial review, or relief "if it appears to the court to be highly likely that the outcome for the applicant would not have been substantially different if the conduct complained of had not occurred". This is because it is highly likely that the outcome for the OEP itself would not have been different if the public authority had behaved differently.
	Subsection (4) provides that a public authority which was the subject of a judicial review, or statutory review, commenced by the OEP under this section must publish a statement within two months of the conclusion of proceedings (including any appeal). This statement must set out any steps the public authority intends to take as a result of the proceedings.
	Subsection (5) requires a public authority to publish the statement as provided for in subsection (4) within two months of the day that proceedings, including any appeal, conclude.
	Subsections (6) and (7) provide that the OEP may apply to participate in third party judicial review or statutory review proceedings (including appeal proceedings) against a public authority concerning an alleged failure to comply with environmental law, as defined under section 46, as long as the OEP considers that the alleged failure, if it occurred, would be serious. This could include scenarios where the OEP agrees that the public authority has failed to comply with environmental law, but also where it may disagree that this is the case; the OEP may have useful expertise to contribute in each case.
	Subsection (8)(a) provides that, other than in section 38, in Part 1 of the Act reference to "an application for judicial review" includes an application to the High Court, or the Court of Session in Scotland.
	Subsection (8)(b) provides that in this section a "statutory review" means a claim for such a review under the provisions set out in sub-paragraphs (i) to (iv).