Legal

Government faces second legal challenge over ‘unlawful’ climate plans

Three environmental organisations are seeking to take the government to court over its climate plans for the second time.

Campaigners outside the Royal Courts of Justice, 8 June 2022. Photo: Friends of the Earth

Friends of the Earth, ClientEarth and Good Law Project say the government’s revised net zero strategy, published in March, is unlawful. They have filed papers at the High Court requesting a judicial review.

Almost a year ago, the three organisations successfully challenged the government over its original strategy.

Ministers were required by the court to rewrite that document because it did not meet the requirements of the Climate Change Act to produce detailed climate policies that show how the UK’s legally-binding carbon budgets will be met.

Last week, the new version, called the Carbon Budget Delivery Plan, was strongly criticised by the government’s advisor, the Climate Change Committee (CCC).

The CCC’s progress report to parliament said there were credible plans for less than a fifth of the emissions cuts needed to meet the UK’s legally-binding climate targets.

Lawyers for Friends of the Earth, ClientEarth and Good Law Project now say the revised plan also breaches the Climate Change Act. They argue that the plan:

  • Has no specific information on the risk that each policy would not be delivered and the UK would not meet legally-binding targets
  • Has no overview of whether the plans for each sector are high, medium or low risk
  • Relies on many nascent carbon-reducing technologies, such as hydrogen, carbon capture and storage, and low-carbon aviation fuel, that are said to be risky and uncertain

A leaked advisory document from the Department for Environment, Food and Rural Affairs (Defra) assessing the delivery risk of government net zero measures was reported on by the Times earlier this year. Of 44 policies, 21 were marked red or red/amber, showing they will be hard to achieve.

Friends of the Earth also argues that the government’s approach breaches the sustainable development duty. This is because it references an 8% shortfall in meeting the UK’s Nationally Determined Contribution (NDC), a key climate target adopted under the Paris Climate Agreement. The NDC requires a UK 68% reduction in its emissions by 2030, as compared with 1990.

Katie de Kauwe, lawyer for Friends of the Earth, said:

“Despite having nine months to come up with a lawful strategy, we believe this revised action plan still falls far short of the government’s legal obligations under the Climate Change Act. We said we’d take the government to court again if we believed that they’d failed to honour their climate commitments – and this is exactly what we are now doing.

“The climate crisis is already battering Britain and the world with record heatwaves, droughts and storms, and unless politicians take the action needed to slash emissions these impacts will become more severe and more frequent. The good news is that building a green economy won’t just slash emissions; it will also create new jobs, boost energy security and help tackle the soaring cost-of-living.”

Good Law Project’s legal director, Emma Dearnaley, said:

“We’re now in the crucial decade to stop irreversible damage from global heating, so it’s vital that we can all see if the Government’s flagship plan for tackling the climate emergency is actually going to work.

“It is deeply alarming that the Government’s new plan does not properly set out the risks of key policies missing these essential goals. What are they trying to hide?

“That is why we are pursuing legal action to demand transparency and help us and others to hold the Government to account on its new climate change strategy.”

ClientEarth’s chief executive, Laura Clarke, said:

“The government’s new plan to reduce emissions is not fit for purpose. It relies heavily on unproven and high-risk technological fixes at the expense of near-term action – yet the government ‘assumes’ that it will be delivered in full, despite these stark risks.

“People in the UK and globally need to see the UK take urgent, decisive climate action. But instead, we see hesitation and delay from the government and are almost certain to miss emissions reduction targets.

“As the CCC has again reiterated, real action on emissions can happen with ‘no regrets’ policies that will also help struggling households. Measures such as making homes more energy efficient and investing in active and public transport can both reduce emissions and increase energy security for the benefit of present and future generations.”

  • DrillOrDrop report of day 1 and day 2 of the first legal challenge and the landmark ruling that the original net zero strategy was unlawful

32 replies »

  1. MARTIN , FIRST OF ALL

    I’d like to thank you from the bottom of my heart .

    Your relentless commitment , making sure that at every opportunity people like myself are able to fully expose the HIGHLY TOXIC , energy intensive , climate changing , environmentally damaging , dangerous to human and animal health process otherwise known as Fracking . That devalues homes wherever it rears it’s ugly head and leaves a toxic , dangerous, financial burden for future generations maintaining abandoned wells is very much appreciated.

    PLEASE , if you disagree with anything of the above, just say …….. We can then show the readers once again how abysmal and weak the case is from the Pro-Frackong side .

    So pathetically abysmal is the case for UK Fracking , you expertly highlight this every time we talk , THANK YOU .

    Are you secretly, an ANTI-FRACKER ????????

    OK moving on to business , please see my next post

    • JACK

      Haha!

      No talking has ever taken place-and no next post. Just Jack fantasy.

      Fully exposed, Jack.

      Haha-but thank you.

  2. ” WARNING , Collywaffle RED FLAG ”

    ‘m delighted you don’t take things to personal MARTIN , being able to laugh at ones shortcomings shows there’s at least one good quality in his/her personality…

    Sadly ladies and gentlemen, we do have a RED FLAG Collywaffle alert concerning
    MARTIN’S last posts .

    It’s heart warming to know that MARTIN can laugh at himself as he/she with nieavity blunders their way through serious topics they have little knowledge , or care about … It saddens me though to think that MARTIN blindly kisses the feet of the fossil fuel empire, whilst blindly ignoring the highly Toxic , proven dangers of Fracking .

    We need to cut right through the DIVERSIONARY Collywaffle tactics so frequently employed by MARTIN and lets get right back to the basics of what this debate was about ….. MARTIN repeatedly implies that £200bn of UK Taxpayers would be used to fund the new generation of nuclear power stations … I have , as you will all be aware of , PROVEN MARTIN to be WRONG on that issue and supplied evidence to back up my comments..

    https://www.edfenergy.com/about/nuclear#:~:text=EDF%20is%20leading%20the%20UK%27s,currently%20available%20to%20the%20UK.

    NEXT ……. Until the start of the Russia – Ukraine WAR , the American Shale industry was on its KNEES with bankruptcies and unsupportable debts of 300 BILLION . It’s also worth noting that 450 BILLION of invested capital has also GONE

    https://www.cnbc.com/2020/06/22/shale-industry-will-be-rocked-by-300-billion-in-losses-and-a-wave-of-bankruptcies-deloitte-says.html

    As far as Chesapeake Energy go , well ,

    https://www.theguardian.com/environment/2020/jun/29/chesapeake-energy-fracking-pioneer-files-for-bankruptcy-owing-9bn

    OH DEAR MARTIN 🤣 , Chesapeake Energy, thank you for the laughter…. When the WAR is over , Chesapeake Energy wil lbe back on its KNEES filing for Bankruptcy again …. Also MARTIN , as the shift from Fossil fuels intensifies , as more people demand change . This will also kick companies like Chesapeake Energy with their expensive Fracked Gas .

    GREAT NEWS , Solar Panels have just become more efficient…… Just think of all that EXTRA FREE ELECTRICITY .

    https://www.theguardian.com/environment/2023/jul/06/revolutionary-solar-power-cell-innovations-break-key-energy-threshold

    • MARTIN , ” THE DRAMA QUEEN ”

      For the benefit of the readers, break down this £6bn GREEN subsidies and please let the readers know , EXACTLY over what time scale this £6bn covers …… In typical ” drama queen ” fashion , you try and increase the shock factor by deliberately leaving out these important details .

      The green subsidies for burning wood pellets is not a good use of the money , but it is one step UP from burning coal . We must remember that DRAX supplies up to 6% of the UKs electricity..

      I think MARTIN has unexpectedly highlighted the need for greater transition to real greener forms of energy , insulation of homes and a cap on what energy each individual can use …. Why should a billionaires be allowed to destroy our planet, just because they have more paper money in their banks than ordinary people

      Back in the ” ordinary year ” of 2020 electricity was very cheap ( 15 PENCE per KW ) . Just look at the electricity bills of some of these people, it’s outrageous.

      https://www.dailymail.co.uk/news/article-8574077/Elton-Johns-energy-bills-rockets-49-000-Queen-pays-1-1m-Buckingham-Palace.html

      Again I say , remember electricity was only 15 pence per KW in 2020

    • Dear , Oh dear MARTIN ,

      I see that bitterness still runs deep against electric cars .

      All I can say regarding TESLA , is take a look at what the share price has done since its share listing date , July 2010 at $1 28 to its current share price of $281.38 , July 2023

      Now let’s look at STAR ENERGY, formally known as IGAS , share price since its been diluted in to oblivion has gone from 11,531.53 , July 2005 to 11.72 PENCE , July 2023 …… WOW what an epic FALL.

      OH DEAR MARTIN , not much happening with the IGAS and what about this company.

      Or maybe UKOG with a share price of 113.04 PENCE , March 2005 , down to 0.056 PENCE , July 2023 , that’s a record breaking fall . It’s now lower than a SNAKES BELLY.

      MARTIN , I think even for an earthworm, it’s easy to see the winners and losers here .

      • NOW MARTIN ,

        I musk ask AGAIN , what about Fracking and THE DIRTY DOZEN ??????

        We need to talk about number ONE on the list , CANCER …. What about its DIRECT LINK to Cancer in children ??????

        https://news.yale.edu/2022/08/17/proximity-fracking-sites-associated-risk-childhood-cancer#:~:text=Pennsylvania%20children%20living%20near%20the,7%2C%20a%20new%20study%20finds.

        Or maybe you’d like to talk about Fracking and premature death in the elderly.

        https://www.theguardian.com/environment/2022/jan/27/people-living-closer-us-oil-and-gas-wells-higher-risk-dying-prematurely-study

        What are your thoughts ???????

        • Well, Jack, that was a waste of your time to repeat and mine to read.

          I am sorry Jack, you are very confused about so many things. All I can suggest is you do some research and you will be enlightened. I have offered you ways to progress, but you appear to want to stay ignorant. Obviously other readers have given up trying to help you.

          Your choice.

          I must ask you again-what about the Electricity Distribution and the Dirty Dozen-or more???

          • 🤣 Not the EX Gas Mantle maker having a go a the electricity distribution network again 🤣

            What’s this diversionary Collywaffle about
            ” I must ask you again-what about the Electricity Distribution and the Dirty Dozen-or more??? ”

            Between laughter, can you believe MARTIN would have you go back to the days of Gas street lamps ….. As his/her above posts clearly shows , he/she just can’t stand anything electric as it represents a cleaner , greener future.

            MARTIN ,You have NOTHING to repeat apart from TOTAL SILENCE …… That along with your epic , diversionary J K Rowling style fantasy tactics ..

            MARTIN, What about Fracking and THE DIRTY DOZEN , don’t you care about the health and wellbeing of British citizens ???????

            We need to talk about these serious, proven risks that are associated with Fracking……. Why won’t you engage with a concerned resident ????????

            What have you got to hide ???????

  3. What have you to hide, Jack? You don’t want to discuss the Dirty Dozen + regarding electricity distribution, yet you use the stuff! Is it that you do not know the dangers, are unable to research the dangers or just don’t care about the people killed, the animals killed, the properties destroyed, the risk of cancer increased, property values decimated, no energy available after a natural disaster etc. etc. etc????

    (I can even add a supplementary one Jack! A few days ago a Spitfire flew over my property not much above treetop height. Think it must be a privately owned one as it was really motoring, then suddenly roared up in a right banking climb as the electricity pylons were ahead! Goodness, Jack, having survived a war, electricity could have claimed it!)

    So many reasons to ban the stuff, yet UK to spend £billions on expanding supply. Shock/horror. Then £billions more to dispose of the toxic waste, burying it under the sea that laps the UK shores!

    Why would I want to engage with someone who may be a concerned resident somewhere concerned about something, but has repeatedly demonstrated very little knowledge about the UK, or much else? I am a UK concerned resident Jack, concerned as to whether England can beat Australia again in the Ashes. Would you like to discuss that? Perhaps there is a risk on the outfield from those carnivorous pigeons! Maybe the frequent seismic activity in Lancashire will cause some stumps to fall over?

    I am a concerned UK resident who is fortunate enough to be able to afford high energy prices, but would rather not keep contributing to others in a less fortunate situation to be able to do likewise. However, they will now be really pleased as Jack has somehow come up with the wild theory that in 25-30 years the French will be taking over from me! They are good people Jack, so they will indeed be concerned that such nonsense is put forward as their salvation and will wonder where the education and health spending fell apart-somewhere. They also have access to the Internet so can quite easily see the generation cost for the power station at Hinkley, that will be the starter (for 7?), and then could wonder some more about the education bit. Then, Jack, they will be grateful for small mercies. Alternatively, perhaps they should just have invested in Chesapeake Energy in 2021 and then they would be grateful for their big returns to pay for the energy that their investment is sending to Europe?

    • MARTIN , is this some sort of JOKE 🤣 ??????

      As ALL the readers are FULLY AWARE , I first “coined the phrase” …. Fracking and THE DIRTY DOZEN as there are 12 major , direct Toxic , Environmental and Financial impacts of living in the proximity of a Fracking site

      TO BE HONEST , myself and the readers , haven’t got a clue what your talking about, with your now made up fantasy of electrical distribution and THE DIRTY DOZEN …… SO COME ON MARTIN, for the benefit of JACK and the readers, list these 12 issues.

      Well your above Collywaffle has it all , a proper feast of fantasy with talk of Spitfire Planes , Pigeons , England and Australia plus the Ashes, a swipe at the French, …….. WOW, you really have a vivid imagination…..

      Considering you’ve NOT answered , acknowledged or want to discuss 1% ( ONE PERCENT ) of the issues I’ve raised above , speaks volumes about your consideration for UK citizens.

      I’m sure the readers of this forum, have now fully taken note of this fact

  4. No, you didn’t coin the phrase Jack-you stole it.

    It appears you continue to wish to post nonsense, so no, I do not want to discuss nonsense.

    However, if you want to discuss the numerous reasons why electricity distribution is a danger to mankind, feel free. I have given you quite a few starters-Paradise being one. Not that I have anything against electricity distribution, (I am using it now), otherwise I might search for the thousands of links about problems with it somewhere over the horizon and then state that proves it should not be allowed here, in UK. I shall leave such silliness to others.

    Readers of this forum will note I have taken no swipe at the French, Jack. They will see that I credit them with the sense that they will get repaid a lot of money from the UK tax payer, otherwise they would not be willing for their Government to supply nuclear reactors to UK. It is yourself who has tried to create a fiction that would mean the French coughed up £200B that wouldn’t be repaid-with a lot of interest. You get yourself into those situations repeatedly Jack. Try looking into the reality before you post fantasy, and you might find other readers of this forum might actually note something you post.

    Maybe you are trying to prove Net Zero doesn’t exist without a lot of fantasy? Maybe that is why I encourage and enjoy your posts?

    I thought the cricket test, or the cricket Test, would bring you out in a cold sweat! Hmm, is cold sweat and cricket okay and what about sandpaper?

  5. No, it is not important Jack. This section is nothing to do with fracking in UK, that is precluded for fossil fuel. So, if you are a concerned resident somewhere take it up with those who are allowing it. However, avoid the many who have jobs and income as a result, or according to a link I saw, increased sexual activity, otherwise you may get a different response to the one you attempt to contrive.

    I suspect, as with electricity distribution, they have already balanced that the pluses outweigh the possible negatives. Such is life, Jack. Good for Chesapeake Energy and those that benefit, not so good for those importing their LNG and paying out a lot of money for someone else to benefit over the horizon.

    What are your thoughts on Paradise?????????

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