No Gas Caverns Ltd & Anor, Application for Judicial Review (Rev1) [2023] NIKB 84

The applicants challenged the grant of consents for the construction of underground gas storage caverns to be built under Larne Lough. Among other arguments, the applicants submitted that the decision to grant the licenses did not take adequate consideration of the impact on climate change of the project. In particular, the applicants contended that the Minister's reliance during the grant process on the conclusion that ""climate change considerations were considered, and it appears while the UK plans to reduce its reliance on fossil fuels, transition will take a significant time. Gas will continue to play an important part in the UK fuel mix for some years to come"" lacked any rational basis. The High Court dismissed the challenge, ruling that the Minister had given consideration to climate change throughout various discussions that had been held during the grant process, and the fact that conclusions like the kind above fall within the general deference provided to the government to set and develop the specifics of policies to achieve binding climate goals. The decision was appealed. The Court of Appeals cited the importance of the United Kingdom's pledge to ensure net zero emissions by 2050 as substantial consideration in the case. The UK Supreme Court has since declined the leave for appeal sought by the Northern Irish authorities, meaning that there are no further avenues for appeal and the case will stand.