R (ClientEarth) v Secretary of State for BEIS
[2021] EWCA Civ 43
Ratio Decidendi
Development consent for a new gas-fired power station was unlawful because the Secretary of State failed to give legally adequate reasons for concluding that the project would not affect the UK's ability to meet its carbon budgets.
Fapte
ClientEarth challenged the grant of development consent for a new gas-fired power station. They argued the Secretary of State had failed to give adequate reasons for her conclusion that the project was compatible with carbon targets.
Rezumatul hotărârii
The Court of Appeal held that the decision-maker's reasons were inadequate. Given the acknowledged tension between new gas generation and climate targets, the Secretary of State was required to explain how she reconciled the decision with the Government's climate commitments.
Citate cheie
"Where there is an apparent conflict between a decision and important policy objectives, adequate reasons must be given to explain why the decision was nonetheless appropriate."
— Lindblom LJ
Tratament ulterior
Part of emerging climate litigation jurisprudence on energy project consents.