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Vince et al. v. Secretary of State for Business, Energy and Industrial Strategy et al. - Other

summons

Vince et al. v. Secretary of State for Business, Energy and Industrial Strategy et al. - summons

Filing Year For Action

On May 18, 2020, three plaintiffs sought judicial review of the British government's energy national policy statements (Energy NPSs) issued in 2011 on the ground that the NPSs must be reevaluated in light of new British and global climate commitments. 

The plaintiffs are Dale Vince, founder of a renewable energy company called Ecotricity; journalist and campaigner George Monbiot; and the organization Good Law Project. On March 2 the plaintiffs sent a letter to the Secretaries of State for Business, Energy, and Industrial Strategy; Housing, Communities, and Local Government; and Environment, Farming and Rural Affairs. The letter urged the Secretaries to consider whether the Energy NPSs are still appropriate under section 6(1) of the Planning Act 2008 in light of changed circumstances. These changed circumstances include an amendment to the Climate Change Act 2008 (2050 Target Amendment), in June 2019, to require that the UK achieves carbon neutrality by 2050; the Paris Agreement; the IPCC special report on 1.5 degrees of warming; the UK Parliament's declaration of a climate emergency; and the UK's exit from the European Union. The government responded on March 23 that it was considering whether to review the Energy NPSs. 

On May 18 the plaintiffs sought judicial review. The plaintiffs argue that the events discussed above constitute a significant change in circumstances since the Energy NPSs were adopted in 2011, requiring review of the NPSs. The plaintiffs alternatively argue that the Secretaries of State may not exercise their discretion to frustrate the operations of Any Act of Parliament, and that the current Energy NPSs frustrate the intent of the Climate Change Act 2008 as amended in 2019. The plaintiffs seek a declaration that the government must review the Energy NPSs; or, alternatively, a declaration that the Energy NPSs are unlawful. The plaintiffs filed an amended summons on June 29, 2020. 

Following the judicial review, the UK government conceded that it must review its energy policy confirmed in its Energy White Paper.

Vince et al. 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.

Terrestrial means "of the earth" and relates to the risks to ecological system that includes all living organisms and their interactions within land-based environments, such as forests, grasslands, and deserts.

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.

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.

Activities involving the catching, processing, and selling of fish for food, recreation, and industry.

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

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.

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.

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.

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.

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.

Vince et al. v. Secretary of State for Business, Energy and Industrial Strategy et al. - summons

Target

Policy instrument

Risk

Just transition

Renewable energy

Fossil fuel

Greenhouse gas

Economic sector

Adaptation/resilience

Finance