Langton, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs & Anor

Langton, R (On the Application Of) v Secretary of State for Environment, Food And Rural Affairs & Anor

The Secretary of State acted lawfully and rationally in issuing guidance for supplementary badger culling; sufficient scientific evidence and expert opinion supported the policy; consultation was adequate; licensing decisions did not breach the Habitats Regulations as Natural England has amended its process to comply with legal requirements.

Parties
Appellant: Thomas Langton; First Respondent: Secretary of State for Environment, Food and Rural Affairs; Second Respondent: Natural England
Jurisdiction
England and Wales
Judgment Date
17 September 2019
Procedural Posture
Judicial Review / Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Judicial Review, Badger Culling Policy, Consultation Process, Ultra Vires, Habitats Regulations, Licensing, Scientific Evidence in Policy
Administrative Law Environmental Law Public Law Judicial Review Badger Culling Policy Consultation Process Ultra Vires Habitats Regulations +2 more

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Parties

Thomas Langton

Appellant

Secretary of State for Environment, Food and Rural Affairs

First Respondent

Natural England

Second Respondent

Procedural Posture

Judicial Review / Appeal Judgment

Legal Issues

  1. 1 Whether the Secretary of State's guidance on supplementary badger culling was ultra vires section 10(2)(a) of the Protection of Badgers Act 1992
  2. 2 Whether the consultation process was lawful
  3. 3 Whether Natural England's licensing decisions breached the Conservation of Habitats and Species Regulations 2010 by relying on mitigation measures at the screening stage

Ratio Decidendi

The Secretary of State acted lawfully and rationally in issuing guidance for supplementary badger culling; sufficient scientific evidence and expert opinion supported the policy; consultation was adequate; licensing decisions did not breach the Habitats Regulations as Natural England has amended its process to comply with legal requirements.

Court Disposition

Appeal dismissed

Orders

  • No relief granted
  • No determination required on ground 3(d) as it is academic