INSIGHT by ClientEarth
Three organisations are taking the government to court for the second time in under two years over its feeble and inadequate strategy for tackling climate change.
Friends of the Earth, ClientEarth and Good Law Project say the government’s revised net zero strategy – the Carbon Budget Delivery Plan, published 30 March – is unlawful and have filed papers at the High Court requesting a judicial review.
The news follows a damning progress report from the Climate Change Committee, published last week (Wednesday 28 June), which found there are only credible plans for less than a fifth of the emissions cuts needed to meet the UK’s legally binding climate targets. This is down from the government’s independent climate advisors assessment last year that just 39% of plans were fit for purpose.
The government was required by the High Court to publish a revised strategy following successful legal challenges by the three organisations in July 2022, in which the judge underlined the critical expert role of the CCC by stating their advice must be given “considerable weight”.
In last year’s landmark judgment, the High Court ruled that the net zero strategy, which was supposed to set out plans to decarbonise the economy, didn’t meet the government’s obligations under the Climate Change Act to produce detailed climate policies that show how the UK’s legally binding carbon budgets will be met.
After carefully studying the detail of the revised Carbon Budget Delivery Plan, lawyers for Friends of the Earth, ClientEarth and Good Law Project say this revised plan breaches the Climate Change Act too.
Friends of the Earth, ClientEarth and Good Law Project argue that the plan provides no real information on the government’s assessment of the risk of the proposals and policies not being delivered and not meeting legally binding climate targets. At the same time, the information that the plan does include confirms that many of the technologies being relied on to deliver substantial emissions savings are high risk, raising serious questions about the government’s assumption that they will be delivered ‘in full’. ClientEarth argues that this approach is so clearly flawed that it is unlawful and fails to comply with central provisions of the Climate Change Act.
In the hundreds of pages of the plan and associated documents, there are no specifics on the level of risk posed by each policy, or even an overview of whether the plans for each sector are high, medium or low risk. However, reliance is placed on “nascent” technologies at an “extremely low starting point” – such as hydrogen, carbon capture and storage, and low-carbon aviation fuel. These are said to pose inherent delivery risk, uncertainty and challenges, though the precise extent of these risks and how they add up with other risks across the plans remains unclear.
It is also the case that 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, the report states.
Friends of the Earth further argues that the government’s approach breaches its sustainable development duty, including by referencing an 8% shortfall in meeting the UK’s Nationally Determined Contribution, a key climate target adopted under the Paris Climate Agreement. The NDC requires that the UK achieve a 68% reduction in its emissions by 2030, as compared to the 1990 baseline.
“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.”
-ClientEarth CEO, Laura Clarke
“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.”
-Friends of the Earth lawyer, Katie de Kauwe
“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.”
-Good Law Project’s Legal Director, Emma Dearnaley
| about
ClientEarth is a non-profit organisation that uses the law to create systemic change that protects the Earth for – and with – its inhabitants. We are tackling climate change, protecting nature and stopping pollution, with partners and citizens around the globe. We hold industry and governments to account, and defend everyone’s right to a healthy world. From our offices in Europe, Asia and the USA we shape, implement and enforce the law, to build a future for our planet in which people and nature can thrive together. You can find out more about our legal challenge against the UK Government over its net zero strategy here.
Friends of the Earth is an international community dedicated to the protection of the natural world and the wellbeing of everyone in it. We bring together more than two million people in 75 countries, combining people power all over the world to transform local actions into global impact. Follow us at @friends_earth, or like our Facebook page.
Good Law Project is a not for profit that uses the law for a better world.
| All opinions expressed are those of the author and/or quoted sources. investESG.eu is an independent and neutral platform dedicated to generating debate around ESG investing topics.
