Activists hailed the UK government’s net-zero strategy as a victory after a High Court judge ruled the policy breached its obligations under the Climate Change Act.
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Environmental charities Friends of the Earth (FotE) and ClientEarth and the Good Law Project challenged the strategy at a hearing last month.
Justice Holgate found that Greg Hands, the business secretary when the strategy was passed, was not properly briefed on the impact of individual government policies on meeting carbon budget targets.
Target
The judge concluded that while the Department of Business, Energy and Industrial Strategy (BEIS) conducted an extensive analysis identifying the policy contribution, that information was not included in the briefing to Mr Hands for his approval of Cyber Zero strategy.
He found that under the correct interpretation of the 2008 Climate Change Act, Mr Hands must consider both the “quantitative impact” of individual policies and a “qualitative analysis” of which policies are relied upon and why.
The judge also concluded that the net zero strategy “lacks any quantitative assessment of the expected contribution of individual policies to reducing (greenhouse gas) emissions” and that the report failed to show that the analysis before Mr Hands left “deficiencies” “Against the cuts needed, or how the shortfall is expected to be filled.
Justice Holgate dismissed a number of other grounds for the legal challenge.
Following the ruling, FotE said the government must now update its climate strategy to include “quantifying how its policies will achieve climate goals based on an actual assessment of what it is actually expected to achieve”, as well as the updated strategy. must be submitted to Parliament.
crisis
The campaign said it found at a hearing last month that there was a 5% “gap” between the emissions reductions due to government policy and the “sixth carbon budget” – the amount of greenhouse gases the UK can emit during this period. gap”. Period 2033-37.
From a climate perspective, the shortfall is significant, with 75 million tonnes of carbon dioxide emissions – equivalent to almost all car travel in the UK combined annually, FotE said.
FotE’s lawyer Katie de Kauwe said: “We are proud to take up this historic case. Taking strong action to reduce carbon emissions is a win-win. Not only is this critical to preventing climate collapse, but we can also use affordable Renewable energy addresses the cost of living crisis.
“This landmark ruling is a huge victory for climate justice and government transparency. It shows that the Climate Change Act is a piece of legislation that can, if necessary, pass through our courts if governments fail to live up to their legal responsibilities The system executes.”
ClientEarth’s senior lawyer, Sam Hunter Jones, said: “This decision is a breakthrough moment in the fight against climate delay and inaction. It forces governments to develop climate plans that will truly address the crisis.”
substance
He added: “The decision confirms that the government must demonstrate how its plans will fully meet carbon budget targets. Its approach must also be realistic and based on what it actually expects its plans to achieve.
“Governments must list the emissions reductions expected by their individual policies so that the public and parliament can properly hold them accountable. This is a huge victory for climate justice and accountability.”
Jolyon Maugham, director of the Good Law Project, said: “The illegality of its flagship climate change strategy is a huge political embarrassment for the government. A net zero target must be a roadmap to a sustainable future — — not the lies we tell our children.”
A BEIS spokesman said: “The net zero strategy remains government policy and has not been rescinded. The judge did not criticise the substance of our plans, which are progressing well and, in fact, the claimants themselves said during the course of the proceedings were ‘worthy’ commend’.”
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Sian Harrison is PA’s Legal Editor.
