points of claim

Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al. - points of claim

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Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al. - judgment

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Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al. - petition

Filing Year For Action

In December 2020, Georgia Elliott-Smith, a waste industry expert and environmental consultant, won permission to challenge two aspects of the UK Emissions Trading Scheme (UK ETS), which will replace the EU Emissions Trading Scheme in January 2021. Elliott-Smith alleges that the total emissions cap is too high to meet short and medium-term obligations under the Paris Agreement, and that the emissions cap unlawfully omits municipal waste incinerator emissions. She further alleges that the Climate Change Act of 2008 sets the purpose of the UK ETS as reducing emissions, whereas the government set the emissions cap for the improper purpose of easing the UK's exit from the EU. 

The plaintiff's challenge was dismissed in July 2021. However, in dismissing the case the court noted that its acceptance of the government's arguments did not require any denial of the "the urgency of the need to address climate change and involves the recognition that in order to meet the long term requirements of the Paris Agreement action is required now. Taking measures in the short term is an essential part of achieving the longer term objective, and that approach is clearly tenable in the light of the provisions of article 4.1." 

Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al.

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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.

Slow onset events evolve gradually from incremental changes over many years or from increased frequency or intensity of recurring events. As defined in the Cancun Adaptation Framework (2010), slow onset events include risks and impacts from rising temperatures, desertification, biodiversity loss, land and forest degradation, glacial retreat, ocean acidification, sea level rise, and salinization.

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

Activities that involve the cultivation of crops and raising of livestock for food, fibre, and other products essential for human life and industry.

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.

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.

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

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

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

Activities of government agencies and institutions that provide public services, enforce laws and manage public resources.

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

This sector involves activities to move goods and people, alongside the storage of products.

Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al. - points of claim

Target

Policy instrument

Risk

Fossil fuel

Greenhouse gas

Economic sector

Finance