The High Court ruled yesterday that the UK Government’s Net Zero strategy is inadequate, in a landmark case brought by ClientEarth, Friends of the Earth and Good Law Project.
In 2008, the UK passed the Climate Change Act (CCA), with overwhelming majority across political parties.
The CCA legislation set out greenhouse gas emission reduction targets that the UK must legally comply with. It was the first global legally binding climate change mitigation target set by a country, and committed the UK to reducing GGEs by 80% by 2050, compared to 1990 levels.
This target was made more ambitious in 2019 when the UK became the first major economy to commit to a net zero target by 2050 (balancing the emissions produced with the emissions taken out of the atmosphere).
However, the recent court case argued that the Government has failed to show that its policies will reduce emissions sufficiently enough to meet its legally binding carbon budgets.
The High Court has ruled that the strategy failed to include enough information about the policies and expected effects to allow parliament and the public to scrutinise the plans.
It was discovered during the court case that the current plans only add up to 95% of the reductions needed to meet the 6th carbon budget – the volume of GGE the UK can emit in the 2033-37 period. (And the reliability of this figure as an estimate is still in doubt).
In fact, the Government’s latest published forecasts show the UK’s projected emissions in 2033-37 being more than double the levels they are legally required to adhere to.
The High Court ruled that due to these failings, the UK Government breached its legal duties under the Climate Change Act 2008.
The UK Government now has 8 months to update its climate strategy to include a quantified account of how its policies will actually achieve climate targets. This will be presented to parliament for scrutiny by MPs.
Updated plans must include sound policies that stand up to scrutiny by the Climate Change Committee – an independent statutory body established under the Climate Change Act to advise UK and devolved governments on emissions targets, and report to parliament on progress made.
The Government is now legally obliged to strengthen their Net Zero strategy and actually show how its plans will deliver the emissions cuts it is legally bound to achieve.
Sam Hunter-Jones, ClientEarth lawyer, said: “This decision is a breakthrough moment in the fight against climate delay and inaction. It forces the Government to put in place climate plans that will actually address the crisis. It’s also an opportunity to move further and faster away from the expensive fossil fuels that are adding to the crippling cost of living crisis people are facing.”
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