Andrew Boswell, R (on the application of) v The Secretary of State for Transport

Andrew Boswell, R (on the application of) v The Secretary of State for Transport

The Secretary of State lawfully discharged the obligation to assess cumulative greenhouse gas emissions under the IEIA Regulations by using ARN-based modelling and comparing emissions against national carbon budgets; there is no legal or scientific basis requiring a separate cumulative assessment of selected local projects, and the approach adopted was rational, reasonable, and compliant with the Regulations.

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
11 October 2024
Procedural Posture
Judicial Review (planning/environmental) / Appeal From Administrative Court to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Environmental Impact Assessment, Cumulative Greenhouse Gas Emissions, Development Consent, Judicial Review, Climate Change Obligations
Environmental Law Planning Law Administrative Law Environmental Impact Assessment Cumulative Greenhouse Gas Emissions Development Consent Judicial Review Climate Change Obligations

Case Brief

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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 (planning/environmental) / Appeal From Administrative Court to Court of Appeal

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 three proposed road developments under the IEIA Regulations
  2. 2 Whether the assessment of cumulative impacts complied with the requirements of the IEIA Regulations

Ratio Decidendi

The Secretary of State lawfully discharged the obligation to assess cumulative greenhouse gas emissions under the IEIA Regulations by using ARN-based modelling and comparing emissions against national carbon budgets; there is no legal or scientific basis requiring a separate cumulative assessment of selected local projects, and the approach adopted was rational, reasonable, and compliant with the Regulations.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; the decision of the Administrative Court is upheld.