The high court has ruled that the UK government’s climate action plan is unlawful, as there is not enough evidence that there are sufficient policies in place to reduce greenhouse gas emissions.
Claire Coutinho, the energy secretary is expected to draw up a revised plan within 12 months which must ensure that the UK achieves its legally binding carbon budgets and its pledge to cut emissions by more than two-thirds by 2030, both of which the government is off track to meet.
The environmental charities Friends of the Earth and ClientEarth took joint legal action with the Good Law Project against the Department for Energy Security and Net Zero (DESNZ) over its decision to approve the carbon budget delivery plan (CBDP) in March 2023.
In a ruling on Friday, Mr Justice Sheldon upheld four of the five grounds of the groups’ legal challenge, stating that the decision by the former energy security and net zero secretary Grant Shapps was “simply not justified by the evidence”.
He said: “If, as I have found, the secretary of state did make his decision on the assumption that each of the proposals and policies would be delivered in full, then the secretary of state’s decision was taken on the basis of a mistaken understanding of the true factual position.”
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The judge agreed with ClientEarth and Friends of the Earth that the secretary of state was given “incomplete” information about the likelihood that proposed policies would achieve their intended emissions cuts. This breached section 13 of the Climate Change Act, which requires the secretary of state to adopt plans and proposals that they consider will enable upcoming carbon budgets to be delivered.
Also, Sheldon agreed with the environment groups that the central assumption that all the department’s policies would achieve 100% of their intended emissions cuts was wrong. The judge said the secretary of state had acted irrationally, and on the basis of an incorrect understanding of the facts.
This comes after the Guardian revealed the government would be allowing oil and gas drilling under offshore wind turbines, a decision criticised by climate experts as “deeply irresponsible”. The CBDP outlines how the UK will achieve targets set out in the sixth carbon budget, which runs until 2037, as part of wider efforts to reach net zero by 2050. Those emissions targets were set after a 2022 ruling that Britain had breached legislation designed to help reach the 2015 Paris agreement
Story was adapted from the Guardian.
