judgment

Possible v. Secretary of State for Transport; and GALBA v. SST (challenges to government’s ‘Jet Zero strategy’ for decarbonising aviation) - judgment

Filing Year For Action

In October 2022, climate charity Possible as well as Group for Action on Leeds Bradford Airport (GALBA) filed separate claims for judicial review in the High Court for England and Wales against the Secretary of State for Transport (SoS Transport), challenging the UK government’s “Jet Zero” strategy. The “Jet Zero” strategy is the UK’s strategy to decarbonise the aviation sector to achieve net zero in aviation by 2050.

The strategy is alleged to:
-	breach the UK’s Climate Change Act 2008 since the SoS Transport did not ensure that it would enable the UK’s carbon budgets to be met, which would result in a failure to deliver net zero
-	breach public law principles, because the SoS Transport a) departed from advice given by the Climate Change Committee (the UK’s statutory advisory body on climate change) on reducing demand without giving lawful reasons, b) did not lawfully consult on the strategy, c) failed to take into account emissions other than CO2 caused by flights.

GALBA makes an additional argument on the effects of the strategy on local planning applications for airports.

It was announced in March 2023 that the two cases will proceed to a joint hearing.

Following the joint hearing on 1-4 April 2025, the High Court dismissed the judicial review challenging the UK’s Jet Zero Strategy regarding aviation. The hearing involved three separate claims brought by the two claimants, GALBA and Possible. 

The court determined that the Jet Zero Strategy was intended to focus on achieving net zero aviation by 2050, not on directly restricting aviation demand as suggested by the Climate Change Committee. The judge stated that “it may have been preferable to have included a few lines in the consultation document” explaining why demand management was not included, but the court ruled that this was not a sufficient basis for ruling the entire consultation to be unlawful. 

Possible v. Secretary of State for Transport; and GALBA v. SST (challenges to government’s ‘Jet Zero strategy’ for decarbonising aviation)

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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

This sector involves the wholesale and retail selling of goods.

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

Any compulsory, unrequited payment to the government levied on corporations or individuals. This can be for environmental reasons, such as introducing a Carbon tax to set a price that emitters must pay for the greenhouse gases they emit.

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.

People with different national or cultural traditions from the dominant population

People whose sexual orientation, gender identity, or gender expression differs from the majority or societal norms

A ban is a legal action that prevents the sale or supply of a product or service, or that recalls a product from the market. Examples are bans on SF6, greenwashing, fossil fuel advertisement or single-use plastics.

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

Energy derived from biological compounds that are renewable due to their short life cycle within the carbon dioxide cycle.

Air pollution involves harmful contaminants in the air, affecting both indoor and outdoor environments. It can lead to health issues like respiratory diseases and heart problems, and climate impacts such as global warming. Pollutants can damage plants, trees, habitats, and water bodies like rivers and lakes.

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.

People who are less able to respond to the effects of climate change due to having limited financial or physical assets

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.

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.

Conditions that enhance the feasibility of adaptation options. Enabling conditions include finance, technological innovation, strengthening policy instruments, institutional capacity, multi-level governance and changes in human behaviour and lifestyles.

This sector provides communication services, software development, and IT solutions.

A loan is a policy instrument where funds are provided to a borrower with the expectation of repaying the principal plus interest.

Jobs that contribute to preserving or restoring the environment. We include jobs which require a high amount of green skills or which spend much of their time on green activities, as well as jobs transforming polluting industries.

People whose health, both mental and physical, makes them more vulnerable to the effects of climate change

woman and genders outside of the gender binary

A potent, short-lived greehouse gas, largely released from livestock, fossil fuel extraction and waste management.

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

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

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.

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

Possible v. Secretary of State for Transport; and GALBA v. SST (challenges to government’s ‘Jet Zero strategy’ for decarbonising aviation) - judgment

Target

Policy instrument

Risk

Impacted group

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance