ClientEarth, R (on the application of) v Secretary of State for Business, Energy and Industrial Strategy & Anor

The Secretary of State correctly interpreted and applied EN-1 and EN-2 by giving substantial weight to the policy need for CCR fossil fuel generation, lawfully considering greenhouse gas emissions as a significant adverse impact but not an automatic bar to consent, and properly exercising her discretion under section 104(7) without fettering it. The appeal fails on all grounds.

Parties: Appellant: ClientEarth; First Respondent: Secretary of State for Business, Energy and Industrial Strategy; Second Respondent: Drax Power Limited
Jurisdiction: England and Wales
Judgment Date: 21 January 2021
Procedural Posture: Judicial Review Appeal / Court of Appeal Judgment
Outcome: Appeal dismissed
Legal Topics: Interpretation of National Policy Statements, Greenhouse Gas Emissions, Development Consent Orders, Planning Act 2008, Climate Change Act 2008

Administrative Law Environmental Law Planning Law Interpretation of National Policy Statements Greenhouse Gas Emissions Development Consent Orders Planning Act 2008 Climate Change Act 2008

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Parties

ClientEarth

Appellant

Secretary of State for Business, Energy and Industrial Strategy

First Respondent

Drax Power Limited

Second Respondent

Procedural Posture

Judicial Review Appeal / Court of Appeal Judgment

Legal Issues

1 Whether the Secretary of State misinterpreted EN-1 on the assessment of need for energy infrastructure
2 Whether the Secretary of State misinterpreted EN-1 on the approach to greenhouse gas emissions
3 Whether the Secretary of State misapplied section 104(7) of the Planning Act

Ratio Decidendi

Court Disposition

Appeal dismissed