The UK High Court has issued a strong ruling: the UK government's climate action plan is unlawful. The verdict comes after a legal battle led by environmental charities, which argued that the policies were insufficient to reduce greenhouse gas emissions.

Environmental legal battle: a crucial victory

Friends of the Earth and ClientEarth, together with the Good Law Project, have led the legal battle against the Department of Energy Security and Net Zero (DESNZ) over the approval of a carbon budget implementation plan in March 2023. The High Court, in its ruling, has upheld their claims.

Source: ClientEarth

A call for immediate action

Following the ruling, Energy Secretary Claire Coutinho is expected to produce a revised plan within 12 months. This plan will have to meet legally binding carbon budgets and a pledge to cut emissions by more than two-thirds by 2030, a target the government is currently not on track to meet.

The verdict: a wake-up call for the government

The court has made it clear that the UK government cannot continue with vague and uncertain policies. Real and credible action is needed to tackle the climate crisis. The ruling highlights the urgent need for concrete measures that not only reduce emissions, but also boost job creation and improve energy security.

What next?

Attention now turns to the government's response and how it will deal with the verdict. Environmental organisations are vigilant and ready to ensure that meaningful action is taken to combat climate change. Time is short, and decisive action is imperative to ensure a sustainable future for all.

Insights from the first case hearing

During the initial court proceedings, a significant revelation emerged: the UK government had omitted crucial details from the net zero strategy that would allow Parliament and the public to properly assess the plans. It was discovered that the government's plans only accounted for 95% of the necessary emissions reductions to meet the sixth carbon budget, yet this information was not included in the net zero strategy. Furthermore, the reliability of this figure as a realistic estimate was in question.

"We were surprised by the extent of critical information revealed in court, which should have been available to the public from the outset. The fact that it only came to light through our lawsuit reveals a concerning lack of transparenc," said Sophie Marjanac, ClientEarth lawyer.

The Verdict: Government's obligations under the law

The High Court determined that the net zero strategy, outlining plans to decarbonize the economy, failed to meet the government's obligations under the Climate Change Act to produce detailed climate policies showing how the UK's legally binding carbon budgets would be met. Additionally, it found that Parliament and the public were not informed about a failure to meet a key emissions reduction target.

Government's response to the verdict

After receiving the ruling in favour of the environmental organisations, the UK government was given eight months to update its climate strategy to include a quantified description of how its policies would actually achieve the climate goals. These descriptions had to be based on a realistic assessment of what they were expected to achieve. The updated strategy was to be presented to Parliament for scrutiny.

"This decision was a turning point in the fight against climate delay and inaction. It forced the government to implement climate plans that will truly address the crisis." - Sam Hunter Jones, ClientEarth Lawyer

Why did organisations decide to act in the first place?

When the net zero strategy was launched in October 2021, Prime Minister Boris Johnson stated that the government had focused its plans on the principle of "leaving the environment in a better state for the next generation" and freeing them from the financial burden of adapting to a warming planet. However, the latest forecasts published by the government at that time showed that UK emissions projected for 2033-2037 would be more than double the levels the government is legally required to meet.

Understanding carbon budgets

The Climate Change Act of 2008 legally obliges the government to meet carbon budgets that set limits on the UK's greenhouse gas emissions over five-year periods. These budgets include the goal of reaching over three-quarters of the way to net zero emissions in the next 13 years. Missing these targets would have severe consequences for the future health and prosperity of the public. To avoid this risk, the government must demonstrate that its policies are adequate to address them.

How would a good climate plan affect us all?

According to Friends of the Earth, everyone stands to benefit if a climate plan does what it is supposed to do. As well as meeting national and international commitments, it should prioritise effective solutions that help people, not polluters, in the UK and abroad, ensuring that the benefits are distributed fairly across society. 

The organisation proposes better public and active transport (such as cycle lanes and buses) and more electric cars will reduce pollution on the roads. More trees will help clean our air and protect nature, while expanding our renewable energy sector will ensure greater energy security and green jobs. Insulation and other housing improvements will lead to warmer homes and lower energy bills.