R (Boswell) v. Secretary of State for Transport (A12 Road Extension)

In February 2024, Dr. Andrew Boswell submitted an application for judicial review challenging the Secretary of State for Transport’s decision to grant development consent for the A12 road scheme. The road development scheme, or the A12 Chelmsford to A120 in Essex project, includes the widening of a thirteen-mile segment of the A12 trunk road. This project is estimated to cost £1.3 billion and result in a carbon footprint of almost two million tonnes. The plaintiff alleged that the Secretary of State for Transport failed to consider the project's impact on the UK’s commitment to its 2030 Nationally Determined Contribution (NDC) under the Paris Agreement, including a 68% reduction in UK emissions. The plaintiff contended that the Secretary of State for Transport relied on an assessment against the 5th carbon budget (2028-2032), which only requires a 58% reduction, thus falling short of the UK’s NDC commitment. The plaintiff also contended that the defendant failed to consider the delivery risks of the current government policy, specifically addressing the Carbon Budget Delivery Plan for achieving Net Zero, which has now been found unlawful. Lastly, the plaintiff alleged that the defendant reached an unlawful conclusion on the significance of carbon pollution in breach of the Environmental Impact Assessment regulations. The High Court refused permission for judicial review in May 2024, and the plaintiff filed an appeal. The Court of Appeal dismissed the case in August 2024.