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UK Government v. Friends of the Earth

Date: 18 July 2022 

Court: High Court of Justice Queen’s Bench Division Administrative Court 

Citation: [2022] EWHC 1841 (Admin) 

Short summary 

The High Court found that the UK’s net zero strategy is in violation of the Climate Change Act 2008, as it does not meet Government obligations to produce detailed climate policies evidencing how the UK will meet its legally-binding climate budgets.  

Summary by: Olivia Amura

Link to Original Judgement

Click here to open the case in PDF format


Weight of decision 

This case was decided by the High Court of Justice, the senior court of England and Wales. 

Key facts 

In January 2022, ClientEarth (an environmental law charity) filed a case to the High Court challenging the UK Government (“the Government”) on their inadequate net zero strategy. After the case was granted permission to proceed in March 2022, ClientEarth teamed up with Friends of the Earth (a nonprofit organisation that undertakes campaigns and work for environmental objectives) and the Good Law Project (a nonprofit that relies upon the law for public protection) to prepare a full hearing in the High Court. “The Claimants” (ClientEarth, Friends of the Earth, Good Law Project) argued that (a) the Government had failed to demonstrate that its policies will sufficiently reduce emissions to meet its carbon budgets and (b) the current net zero strategy had failed to include sufficient information about the policies and their effects to a standard to allow proper scrutiny. The Claimants’ arguments, subsequently, lead to the assertion that the Government had breached its obligations under the Climate Change Act 2008 (“CCA”).  

Summary of holding 

The Court asserted that the Minister for Business, Energy and Industrial Strategy, who signed off the net zero strategy, did not have the legally required information on how carbon budgets would be met when he approved the strategy. The Claimants asserted that ‘the Secretary of State [failed] to comply with his duty […] if his numerical projections show that his proposals and policies would reduce GHG emissions by only a proportion (e.g. 95%) of the reductions required to meet the carbon budgets’ [162]. This led the Court to ultimately deduce that ‘without information on the contributions by individual policies to the 95% assessment, the Minister could not rationally decide for himself how much weight to give to those matters’ [213] and, therefore, be fully informed when signing off the net zero strategy. 

The Court also found that Parliament and the public were not adequately informed about the impact of current emissions cuts from net zero policies and the reductions needed to meet the sixth carbon budget. The Claimants submitted that the net zero strategy report, required under CCA s.14(1), ‘failed to set out the numeric contributions of individual policies and proposals toward reducing GHG’ [226], therefore sufficient scrutiny was not possible. The defendant, by contrast, asserted that whilst the required report must ‘set out’ [226] proposals and policies, it does not demand ‘an explanation or quantified information to show that his proposals and policies will enable the carbon budgets to be met’ [227]. The Court rejected the Defendant’s position, stating that it is ‘the responsibility of the Secretary of State […] to lay a report before Parliament under s.14’ [256] that is ‘legally adequate’ [259], as required under CCA obligations. 

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