Packham, R (on the application of) v High Speed Two (Hs2) Ltd

Packham, R (on the application of) v High Speed Two (Hs2) Ltd

The Government’s decision to proceed with HS2 was a political judgment, not subject to a statutory or policy requirement to reassess environmental impacts or the implications of the Paris Agreement beyond what was done. The environmental effects had already been lawfully assessed and approved. The Oakervee review and the Government’s decision did not mislead or misunderstand the scope of environmental considerations or climate change obligations. There was no error of law or irrationality. The claim was brought promptly. Permission to appeal and for judicial review is refused.

Parties
Applicant: Christopher Packham; First Respondent: Secretary of State for Transport; Second Respondent: The Prime Minister; Interested Party: High Speed Two (HS2) Limited
Jurisdiction
England and Wales
Judgment Date
31 July 2020
Procedural Posture
Judicial Review / Appeal From Divisional Court – Application for Permission to Appeal and for Judicial Review
Outcome
Permission to appeal and for judicial review refused
Legal Topics
Judicial Review, Environmental Impact Assessment, Climate Change Obligations, Infrastructure Projects, Statutory Interpretation
Administrative Law Environmental Law Constitutional Law Judicial Review Environmental Impact Assessment Climate Change Obligations Infrastructure Projects Statutory Interpretation

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Parties

Christopher Packham

Applicant

Secretary of State for Transport

First Respondent

The Prime Minister

Second Respondent

High Speed Two (HS2) Limited

Interested Party

Procedural Posture

Judicial Review / Appeal From Divisional Court – Application for Permission to Appeal and for Judicial Review

Legal Issues

  1. 1 Whether the Government's decision to proceed with HS2 failed to consider environmental effects as required by law
  2. 2 Whether the Government failed to properly consider the implications of the Paris Agreement and the Climate Change Act 2008 in relation to greenhouse gas emissions

Ratio Decidendi

The Government’s decision to proceed with HS2 was a political judgment, not subject to a statutory or policy requirement to reassess environmental impacts or the implications of the Paris Agreement beyond what was done. The environmental effects had already been lawfully assessed and approved. The Oakervee review and the Government’s decision did not mislead or misunderstand the scope of environmental considerations or climate change obligations. There was no error of law or irrationality. The claim was brought promptly. Permission to appeal and for judicial review is refused.

Court Disposition

Permission to appeal and for judicial review refused