The Scottish government has accepted it breached climate commitments and has pledged to start “urgent work” on a remedy.
Ministers in Edinburgh have still not published a climate impact assessment of the 2021 £26m infrastructure investment plan.
The Environmental Rights Centre for Scotland (ERCS) and Good Law Project have argued that this is a “clear breach” of the Scottish government’s statutory duty under the Climate Change (Scotland) Act 2009.
Earlier this month, the organisations warned they would begin a legal challenge unless ministers took urgent action to publish the assessment.
The government has now accepted that the information published so far “falls short” of the requirements of the legislation. In correspondence, the Scottish government said:
“Urgent work is underway on a remedy to ensure that the duty is discharged in full and as soon as possible.”
The organisations said today they had asked for further details by 12 October on what would be published and when.
Dr Shivali Fifield, chief officer at ERCS, said:
“While it is promising that the Scottish Government has finally admitted their failure, it is extremely concerning that they are still needing time to publish a climate impact assessment for a plan that is already in progress.
“This breach only came to light because a concerned citizen contacted us. It shouldn’t be left to individuals to suss out whether Ministers are acting lawfully or adding fuel to the fire when confronting the climate crisis.”
Emma Dearnaley, legal director at Good Law Project, said:
“Governments can try to duck and weave around their duties when their law breaking is revealed, so it’s heartening that the Scottish Government has owned up to its mistake and committed to correcting it quickly. We’ll be keeping a close eye on this to make sure the Government follows through.
“With floods and fires sweeping across the world, there’s no time to lose in the fight against the climate emergency. The Scottish Government must now act with the urgency the crisis requires.”
UK government due in court over net zero plans
The Westminster government is facing a legal challenge over its revised net zero strategy.
Friends of the Earth, Client Earth and the Good Law Project will argue at a three-day hearing next year that the Carbon Budget Delivery Plan, adopted in March 2023, is inadequate and falls short of the requirements of the Climate Change Act.
Last year, the three organisations successfully challenged the government’s original net zero strategy. The High Court found that the government had breached the act and ordered a revision of the strategy.
Yesterday, Friends of the Earth warned the prime minister that he was “sailing into dangerous legal waters” with his changes to net zero targets, such as delays to the ban on petrol and diesel cars.
It said:
“Legally-binding targets are highly unlikely to be met despite Rishi Sunak stating he is still committed to them, let alone the tougher international 2030 target of 68% emission cuts.”
DRILL OR DROP? 
Hmm, I thought legal waters were based upon factual evidence rather than likelihoods.
I note the car manufacturers still have to meet the EV sales percentages targeted. That should be an interesting test of whether they can supply a product the consumer wants, when the consumer still has a choice.
The Scottish Government, hmmm well there’s a credible not! Career politicians and some individuals stunting progress!! Doh
Unlike Westmnster of course!
The Climate Change Act 2008 was quietly slipped into place with little debate, in the hope that enabling technology would somehow be invented, and with no estimation of likely costs. Like jumping out of a plane without a parachute in the hope that something will turn up before the deadline. Like, for example, a way of making wind turbines work when the wind doesn’t blow, or a way to store electricity on a huge scale. Sadly the laws of Physics cannot be fooled. Unlike most of the people.
Well we’re paying for it now. We haven’t quite hit the earth yet but it is inevitable. The Chinese built more than a hundred coal fired power stations last year and on target to build the same this year so even if a miracle occurred and we met Net Zero the world wouldn’t benefit one jot.
They might, Graeme, as most remaining UK industry would either have moved to cheaper energy areas or disappeared as a competitor to them.
There are a lot of rather nasty games being played around climate change by some rather nasty people and if most of the people don’t see it then they will reap the consequences.
Our dysfunctional energy market is ripe for change. Unfortunately when the government closed a loop hole which had allowed wind farms to stiff the public it resulted in wind farm operators refusing to bid for new fields.
https://www.turbulenttimes.co.uk/news/front-page/net-zero-the-lies-they-tell/
I’m all for companies making a reasonable profit but it’s time for some honest debate.