judgment

ClientEarth v. Secretary of State - judgment

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Litigation

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Filing Year For Action

On January 30, 2020, the environmental group ClientEarth filed an action in the High Court challenging the UK government's decision to approve a natural gas plant, which would be Europe's largest. 

The Secretary of State for Business, Energy and Industrial Strategy approved the plant in October, despite the Planning Authority's recommendation that the plant be blocked due to climate change considerations. According to a press release issued by a barristers union, the complaint alleges, among other things, that the Secretary misinterpreted the Overarching National Policy Statement for Energy in assessing the project's greenhouse gas emissions; failed to properly assess the carbon-capture readiness of the facility; and did not consider the UK's mandate to achieve net zero greenhouse gas emissions by 2050 in a procedurally fair manner or, alternatively, failed to give adequate reasons for her assessment of the net zero target. The High Court gave ClientEarth permission to sue the government. 

The High Court ruled for the defendants on May 22, 2020. The judge determined that the case involved policy questions requiring a balancing of interests, and that other public interests weigh against the UK's climate goals and for the plant's approval. These include the plant's contribution to security and diversity of energy supply. On July 21, 2020 the Court of Appeal granted ClientEarth leave to appeal the case.

On January 21, 2021, the Court of Appeal upheld the High Court's decision and rejected ClientEarth's appeal, finding that the government's approval of the plant was lawful. The Court of Appeal found that the Secretary of State balanced the adverse effects of the project, including greenhouse gas emissions, with the positive effects, including socioeconomic outcomes and re-use of existing infrastructure, and lawfully concluded that the benefits outweighed the adverse impacts. The Court of Appeal departed from the High Court in reasoning that greenhouse gas emissions are capable of being treated as "a freestanding reason for refusal" by the Secretary. Nevertheless, the Court reasoned that such emissions are not an "automatic and insuperable obstacle" to approval of infrastructure projects, and the decision-maker has discretion over the weight to assign to greenhouse gas emissions in approval decisions. 

ClientEarth v. Secretary of State

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An aim to achieve a quantifiable outcome within a given time-frame, set by an institution such as a national government.

Policy instruments are techniques or tools used by governing authorities to promote certain policies in order to achieve predetermined goals. Put simply, instruments are how a government tries to achieve its goals, with this taxonomy being focused on national policy instruments.

Risk is the potential for adverse consequences resulting from the dynamic interplay between (climate-related) hazards, exposure, and vulnerability of affected human or ecological systems.

Groups  of people who are adversely affected by climate change or the response to it

A set of principles, processes, and practices that build economic and political power to shift from an extractive economy to a regenerative economy.

Renewable energy means all forms of energy produced from renewable sources in a sustainable manner.

Fossil fuel is a generic term for non-renewable energy sources such as coal, fossil gas, and oil (including crude oil, and petroleum products), that can be used for electricity and heat generation. Fossil fuels are hydrocarbons formed from pressurised and heated organic material buried over millions of years.

Molecules in the atmosphere that play a key role in the greenhouse effect by trapping heat radiating from Earth’s surface.

Area of the economy in which actors engage in identical or related activities.

In human systems, the process of adjustment to actual or expected climate change and its effects, in order to moderate harm, increase resilience or exploit beneficial opportunities. In natural systems, the process of adjustment to actual climate change and its effects; human intervention may facilitate adjustment to expected climate change and its effects.

The management and allocation of funds, assets and investments to meet various objectives

A long-lived, colourless gas, chiefly emitted from fossil fuel combustion, deforestation and cement production.

This sector involves the wholesale and retail selling of goods.

Tradable permits are market-based tools that grant permission for specific activities, frequently used to regulate emissions. These permits can be issued within a trading system to manage environmental impacts.

This sector includes firms and individuals offering specialised expertise in fields such as law, accounting, consulting, science and engineering.

Direct investments by the governments using public funds. This can be to support climate initiatives or integrate climate into other projects.

The activities of industries that transforms raw materials into finished goods through industrial processes.

The activities of industries involved in the production, distribution, and sale of energy, including electricity, gas, and renewables.

This sector creates and distributes information and entertainment through television, radio, print, and digital platforms.

A commitment to balance GHG emissions with removal by a certain point in time, effectively reducing the net emissions to zero

Oil is a combustible liquid fossil fuel composed mainly of hydrocarbons, occurring as crude oil and refined into petroleum products such as petrol, diesel and kerosene.

The release of heat-trapping gases, primarily from human activities such as burning fossil fuels, agriculture and industry.

This sector involves managing waste treatment, sanitation, pollution control and environmental cleanup.

A target to reduce the prevalence of a greenhouse gas over a specific time frame

Coal is a combustible sedimentary rock formed from carbonised plant matter, rich in carbon and hydrocarbons, and occurring in several main types including hard coal and brown coal.

Either money or something of monetary value is transferred between two or more organisations, people or countries.

Activities that involve planning, designing and building infrastructure, residential, and commercial structures.

Codes and standards are regulatory instruments that specify minimum standards to protect health and safety. This ranges from performance standards, which prescribe outcomes while allowing flexibility to achieve compliance, to the more prescriptive approach of technology-specific standards.

This sector involves activities that impart knowledge and skills to individuals, including formal schooling, vocational training and educational support.

Social inclusion is the process of improving the terms on which individuals and groups take part in society—improving the ability, opportunity, and dignity of those disadvantaged on the basis of their identity.

Extreme weather refers to events where a weather variable exceeds (or falls below) a threshold. Meaning it is significantly different from the average or usual weather pattern.

Fossil gas, commonly known as natural gas, is a fossil fuel consisting chiefly of methane with smaller amounts of other hydrocarbons and trace gases, found in underground deposits.

ClientEarth v. Secretary of State - judgment

Target

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance