Dr. Andrew Boswell, represented by Leigh Day, filed a complaint on February 16, 2024, against the first respondent, the Secretary for Energy Security and Net Zero, for granting the application of a development consent order to the second respondent, Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited. The plaintiff challenged the issuing of the development consent order under section 114 of the Planning Act 2008 “for a new gas-fired electricity generating station at Teesside with Carbon Capture Utilization and Storage”. The plaintiff contends that the Secretary of State for Energy Security and Net Zero committed a legal error when assessing the significance of the greenhouse gas emissions that would result from the power plant. 

The Planning Act 2008 governs nationally significant infrastructure projects (NSIPs), requiring the Secretary of State to conduct an Environmental Impact Assessment and to consider National Policy Statements before issuing development consent. In this case, the relevant National Policy Statement is EN-1, which “addresses GHG emissions and the UK’s net-zero targets.”

The plaintiff provided four grounds for judicial review, as follows. 

Ground 1 - The claimant alleged that the Secretary of State failed to provide legally adequate reasons for its conclusion that the development of the power plant would contribute to the transition to net zero. The claimant contended that the Secretary of State relied on the Institute of Environmental Management Assessment (IEMA) guidance to find that the project constituted greenhouse gas emissions with a significant adverse effect, deeming it incompatible with net-zero trajectories. On this point, the plaintiff alleged inconsistencies in the Secretary of State’s decision.  

Ground 2 - The plaintiff argued that the Secretary for Energy Security and Net Zero erred in its interpretation of paragraph 5.2.2 of National Policy Statement EN-1, which states that CO2 emissions from fossil fuel-based infrastructure are significant. The plaintiff alleged that the Secretary of State misapplied the paragraph by also using it to shape the policy weight given to those emissions in the planning balance. 

Ground 3 - The plaintiff alleged that the Secretary of State was unlawfully endorsing the use of the IEMA guidance while also assessing significance in different ways without providing adequate reasoning.

Ground 4 - The plaintiff challenged the Secretary of State’s need for the project. 

On August 20, 2024, the High Court rejected all four grounds for challenge, dismissing the application for judicial review. Dr. Andrew Boswell appealed the decision on the first three grounds introduced at the High Court, which the Court of Appeal later dismissed on May 22, 2025. The Court of Appeal held that there was no legal inconsistency in accepting the IEMA guidance and determining that the development contributed to net zero goals, that paragraph 5.2.2 was lawfully interpreted, and that the Secretary of State could lawfully rely on IEMA guidance as long as their reasoning was clear. 

Dr. Andrew Boswell has now submitted a new claim for judicial review along with Good Law Project, contending that the government subsidy for the project unlawfully underwrites the developer's loans.

R (Boswell) -v- SoS for Energy Security and Net Zero & Ors

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R (Boswell) -v- SoS for Energy Security and Net Zero & Ors - judgment

Filed

Dr. Andrew Boswell, represented by Leigh Day, filed a complaint on February 16, 2024, against the first respondent, the Secretary for Energy Security and Net Zero, for granting the application of a development consent order to the second respondent, Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited. The plaintiff challenged the issuing of the development consent order under section 114 of the Planning Act 2008 “for a new gas-fired electricity generating station at Teesside with Carbon Capture Utilization and Storage”. The plaintiff contends that the Secretary of State for Energy Security and Net Zero committed a legal error when assessing the significance of the greenhouse gas emissions that would result from the power plant. 

The Planning Act 2008 governs nationally significant infrastructure projects (NSIPs), requiring the Secretary of State to conduct an Environmental Impact Assessment and to consider National Policy Statements before issuing development consent. In this case, the relevant National Policy Statement is EN-1, which “addresses GHG emissions and the UK’s net-zero targets.”

The plaintiff provided four grounds for judicial review, as follows. 

Ground 1 - The claimant alleged that the Secretary of State failed to provide legally adequate reasons for its conclusion that the development of the power plant would contribute to the transition to net zero. The claimant contended that the Secretary of State relied on the Institute of Environmental Management Assessment (IEMA) guidance to find that the project constituted greenhouse gas emissions with a significant adverse effect, deeming it incompatible with net-zero trajectories. On this point, the plaintiff alleged inconsistencies in the Secretary of State’s decision.  

Ground 2 - The plaintiff argued that the Secretary for Energy Security and Net Zero erred in its interpretation of paragraph 5.2.2 of National Policy Statement EN-1, which states that CO2 emissions from fossil fuel-based infrastructure are significant. The plaintiff alleged that the Secretary of State misapplied the paragraph by also using it to shape the policy weight given to those emissions in the planning balance. 

Ground 3 - The plaintiff alleged that the Secretary of State was unlawfully endorsing the use of the IEMA guidance while also assessing significance in different ways without providing adequate reasoning.

Ground 4 - The plaintiff challenged the Secretary of State’s need for the project. 

On August 20, 2024, the High Court rejected all four grounds for challenge, dismissing the application for judicial review. Dr. Andrew Boswell appealed the decision on the first three grounds introduced at the High Court, which the Court of Appeal later dismissed on May 22, 2025. The Court of Appeal held that there was no legal inconsistency in accepting the IEMA guidance and determining that the development contributed to net zero goals, that paragraph 5.2.2 was lawfully interpreted, and that the Secretary of State could lawfully rely on IEMA guidance as long as their reasoning was clear. 

Dr. Andrew Boswell has now submitted a new claim for judicial review along with Good Law Project, contending that the government subsidy for the project unlawfully underwrites the developer's loans.  

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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.

Justice is the ethical and political framework that addresses fairness, including issues of responsibility, rights, and structural inequity.

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 subsidy is a direct or indirect payment to individuals or businesses, typically provided as a government cash payment or a specific tax reduction.

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.

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.

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.

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

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

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

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

Replacing technologies that burn fossil fuels directly with alternatives powered by electricity.

Actions to reduce emissions in energy generation and supply.

Risks to the ecosystem health of the marine environment, including ocean warming, ocean acidification, and ocean deoxygenation, harming biodiversity, species health, ecosystem services, and coastal community livelihoods.

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.

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.

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

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

This sector involves the wholesale and retail selling of goods.

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

Activities of businesses and institutions that provide financial services and products to individuals and organisations.

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.

R (Boswell) -v- SoS for Energy Security and Net Zero & Ors - judgment

Target

Policy instrument

Risk

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Finance