Climate Change in UK Law

Leading Cases
  • R (on the application of Plan B Earth) v Secretary of State for Transport
    • Court of Appeal (Civil Division)
    • 27 Feb 2020

    The authority must be free to form a reasonable view of its own on the nature and amount of information required, with the specified considerations in mind. This, in our view, indicates a conventional “Wednesbury” standard of review – as adopted, for example, in Blewett. A standard more intense than that would risk the court being invited, in effect, to substitute its own view on the nature and amount of information included in environmental reports for that of the decision-maker itself.

  • Griffin (Anne Marie) (R) v London Borough of Newham
    • Queen's Bench Division (Administrative Court)
    • 20 Ene 2011

    When making his announcement on 15 January 2009, the Secretary of State expressly requested CCC's advice as to policy. It was not for the Council to work out a new policy in the meantime. The Council would, in my judgment, have been wrong to do so. The important questions which arise call for national guidance and not speculation by a local planning authority as to the effect of a target announced for 2050.

  • R (London Borough of Hillingdon) v Secretary of State for the Home Department
    • Queen's Bench Division (Administrative Court)
    • 20 Abr 2010

    It is a trite proposition in administrative law that no policy can be set in stone. It must be open to reconsideration in the light of changing circumstances. This position had been acknowledged in the 2003 ATWP itself, which had recognised the need for periodical review and consultation to take account of changing circumstances.

    Similarly, failure to take account of material considerations is unlikely to justify intervention by the court if it can be remedied at a later stage. It would be different if the failure related to what I described in argument as a “show-stopper”: that is a policy or factual consideration which makes the proposal so obviously unacceptable that the only rational course would be to abort it altogether without further ado.

    However, the claimants’ submissions add up, in my view, to a powerful demonstration of the potential significance of developments in climate change policy since the 2003 White Paper. They are clearly matters which will need to be taken into account under the new Airports NPS.

  • Barbone v Secretary of State for Transport
    • Queen's Bench Division (Administrative Court)
    • 13 Mar 2009

    Accordingly, it seems to me that, as the Inspector observed, by seeking at a planning appeal to bring “tourism deficit” into account against a particular air transport scheme (i.e. the G1 proposal) SSE were in reality calling into question the Government's judgment of national economic policy, which had already taken that phenomenon into account.

  • Friends of the Earth Ltd and Another v North Yorkshire County Council Third Energy Uk Gas Ltd (Interested Party)
    • Queen's Bench Division (Administrative Court)
    • 20 Dic 2016

    The application for planning permission did not include any development at Knapton. Knapton already had planning permission and it was already authorised by the Environment Agency to burn gas from existing well sites, thus generating potentially harmful emissions, including carbon dioxide. No increase in capacity at Knapton was sought as part of this proposal.

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Books & Journal Articles
  • The Legally Disruptive Nature of Climate Change
    • Núm. 80-2, Marzo 2017
    • The Modern Law Review
    Climate change gives rise to disputes and problems not easily addressed by existing legal doctrines and frameworks. This is because it is a polycentric problem; the assessment of future climate imp...
  • Barriers to climate change adaption in the Australian property industry
    • Núm. 38-5, Diciembre 2020
    • Journal of Property Investment & Finance
    • 449-462
    Purpose: To identify barriers to climate change adaptation in the Australian property industry. Design/methodology/approach: Semi-structured interviews with twenty-four stakeholders from a diverse...
  • Coverage of climate change information in Tanzanian newspapers
    • Núm. 67-6/7, Septiembre 2018
    • Global Knowledge, Memory and Communication
    • 425-437
    Purpose: This study was conducted to analyse the extent at which Tanzanian newspapers paid attention to climate change information over the period of 10 years between January 2006 and December 2015...
  • Media coverage of climate change information in Tanzania
    • Núm. 68-4/5, Julio 2019
    • Global Knowledge, Memory and Communication
    • 258-274
    Purpose: The purpose of this study is to investigate on themes covered by media and factors affecting coverage of climate change information in Tanzania. Design/methodology/approach: In all, 85 jo...
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Law Firm Commentaries
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