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

22 February 2024

[2024] EWCA Civ 145

Court of Appeal

Someone challenged the government's approval of new roads because of their impact on climate change. The court said the government's method of checking the impact (comparing it to national targets) was fine, because climate change isn't limited to one area, and there's no better way to do it.

Key Facts

•Dr. Boswell challenged the Secretary of State's decisions granting development consent for three A47 road improvement schemes near Norwich.
•The main challenge concerned the lawful discharge of the obligation to assess cumulative greenhouse gas (GHG) emissions under the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.
•The three schemes were part of a wider program to improve the A47.
•The Secretary of State's approach involved comparing projected emissions with national carbon budgets, considering them inherently cumulative.
•Dr. Boswell argued that a separate assessment of combined emissions was required.
•The Judge dismissed the claim, holding that the Secretary of State's approach was lawful.

Legal Principles

The question of cumulative effects is one of fact and judgment for the decision-maker, subject to supervisory oversight by the court.

Bowen-West v Secretary of State for Communities and Local Government [2012] EWCA Civ 321; Brown v Carlisle County Council [2010] EWCA Civ 523; Preston New Road Action Group v Secretary of State for Communities and Local Government [2018] EWCA Civ 9

EIA regulations should be interpreted in a common-sense way and do not require perfection. The process of consultation allows for identification and addressing of deficiencies.

R (Friends of the Earth Ltd) v Secretary of State for Transport [2020] UKSC 52; R (Blewett) v Derbyshire County Council [2004] Env. L.R. 29

The significance of GHG emissions should be assessed against national carbon budgets, as they have no geographical boundary.

IEMA Guidance: Assessing Greenhouse Gas Emissions and Evaluating their Significance (2022)

Compliance with expert guidance is a legitimate factor in assessing the exercise of judgment where no single prescribed approach exists.

Case Law (implied)

The Secretary of State must examine environmental information and reach a reasoned conclusion on significant effects, integrating that conclusion into the decision (IEIA Regulations 2017, reg 21).

IEIA Regulations 2017, Regulation 21

Outcomes

Appeal dismissed.

The court found that the Secretary of State's approach to assessing cumulative GHG emissions was lawful. His decision was based on sound reasoning, taking into account the inherent cumulativeness of the national carbon budget approach and the scientific fact that GHG emissions have no geographical boundary. There was no requirement for a separate, wider cumulative assessment.

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