Boswell, R (On the Application Of) v Secretary of State for Transport [2024] EWCA Civ 145 (22 February 2024)

Boswell, R (On the Application Of) v Secretary of State for Transport [2024] EWCA Civ 145 (22 February 2024)

The Secretary of State lawfully discharged the obligation to assess cumulative greenhouse gas emissions under the IEIA Regulations by comparing each scheme's emissions, including those from related projects, against national carbon budgets. There is no legal or scientific requirement to conduct a separate cumulative assessment of combined emissions from selected local projects, as GHG emissions are global in impact and the national carbon budgets are the appropriate benchmark. The decision was within the range of reasonable responses and not irrational or unlawful.

Citation
[2024] EWCA Civ 145
Parties
Claimant/appellant: Andrew Boswell; Defendant/first Respondent: Secretary of State for Transport; Interested Party/second Respondent: National Highways
Jurisdiction
England and Wales
Judgment Date
22 February 2024
Procedural Posture
Judicial Review Appeal / Court of Appeal (civil Division)
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Cumulative Greenhouse Gas Emissions, Development Consent, Judicial Review, Planning Act 2008, Climate Change Act 2008
Administrative Law Environmental Law Planning Law Environmental Impact Assessment Cumulative Greenhouse Gas Emissions Development Consent Judicial Review Planning Act 2008 +1 more

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Parties

Andrew Boswell

Claimant/appellant

Secretary of State for Transport

Defendant/first Respondent

National Highways

Interested Party/second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal (civil Division)

Legal Issues

  1. 1 Whether the Secretary of State lawfully discharged the obligation to examine and assess the cumulative greenhouse gas emissions likely to result from each of the proposed developments under the IEIA Regulations
  2. 2 Whether the assessment of significance of cumulative impacts complied with the IEIA Regulations

Ratio Decidendi

The Secretary of State lawfully discharged the obligation to assess cumulative greenhouse gas emissions under the IEIA Regulations by comparing each scheme's emissions, including those from related projects, against national carbon budgets. There is no legal or scientific requirement to conduct a separate cumulative assessment of combined emissions from selected local projects, as GHG emissions are global in impact and the national carbon budgets are the appropriate benchmark. The decision was within the range of reasonable responses and not irrational or unlawful.

Court Disposition

Appeal dismissed

Orders

  • The appeal is dismissed.