R (Friends of the Earth) v Secretary of State for Transport (Heathrow Third Runway)
[2020] UKSC 52
Independent editorial summary — not the official judgment. Read the full judgment via the source link.
Ratio Decidendi
When designating a National Policy Statement, the Secretary of State was not legally obliged to take into account the Paris Agreement targets on climate change where Parliament had not enacted those obligations into domestic law.
Facts
Environmental groups challenged the designation of the Airports National Policy Statement, which supported the Heathrow third runway. The Court of Appeal had held the NPS unlawful for failing to consider the Paris Agreement.
Judgment Summary
The Supreme Court reversed the Court of Appeal. While climate change was a relevant consideration, the Paris Agreement commitments did not form part of government policy in the sense required by the Planning Act 2008. The NPS was lawful.
Key Quotes
"The Paris Agreement commitments, although important, had not been adopted as government policy in a form that required them to be taken into account when designating the NPS."
— Lord Hodge and Lord Sales
Subsequent Treatment
Important on the relationship between international climate commitments and domestic planning law.
What To Do Next
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