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Litigation

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Transport Action Network v. Secretary of State for Transport (on National Policy Statement) - petition

order

Transport Action Network v. Secretary of State for Transport (on National Policy Statement) - order

judgment

Transport Action Network v. Secretary of State for Transport (on National Policy Statement) - judgment

Filing Year For Action

In 2020, a series of three linked legal challenges were brought by environmental NGO Transport Action Network (“TAN”) related to UK's road building policies. TAN argued the UK government acted unlawfully by not suspending and reviewing its ‘National Policy Statement on National Networks’, given what TAN claimed were significant changes in climate law and policy since the policy’s designation in 2014. The policy statement sets the strategy for the UK’s road building programme. The government has powers to suspend and review policy statements under the Planning Act 2008, and must take into account certain criteria when doing so.

TAN began with a series of pre-action letters, available on its website. They included requests to the government to suspend and review the policy statement in light of, amongst other matters, the new statutory target of net zero UK emissions by 2050. In October 2020, the government decided a review was not appropriate. This resulted in TAN’s first claim for judicial review (CO/4575/2020). That claim was then stayed as the government had stated that it would reconsider whether a review was appropriate. 

In February 2021, the government decided, for a second time, a review was not appropriate. This resulted in TAN’s second claim for judicial review, issued in April 2021 (CO/1482/2021). However, that claim became theoretical when the government made a fresh decision, in July 2021, to conduct a review, partly because of the increased stringency of climate change targets and policy. 

Nonetheless, the government declined to exercise its statutory power to suspend the policy statement pending its review.
This resulted in TAN’s third claim for judicial review, issued in September 2021 (CO/3011/2021), specifically challenging the decision not to suspend the policy statement. The High Court refused permission for that claim to proceed to a full hearing (firstly on the papers, and then following a permission hearing), bringing the legal challenges to an end.

Transport Action Network v. Secretary of State for Transport (on National Policy Statement)

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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 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

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.

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

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

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

Transport Action Network v. Secretary of State for Transport (on National Policy Statement) - petition

Target

Policy instrument

Fossil fuel

Greenhouse gas

Economic sector