Government’s Net Zero Strategy deemed ‘unlawful’
The UK Government first published its landmark Net-Zero Strategy in October 2021, ahead of COP26 in Glasgow. This week, the High Court issued its judgment that the UK Net-Zero Strategy is ‘inadequate and unlawful’, following a legal challenge brought by the Good Law Project, environmental campaigner Joanna Wheatley, Client Earth and Friends of the Earth.
The Court has given the UK government two orders:
- The first asks the government to change and amend the existing Strategy, giving them a period of eight months.
- The second has asked the government to cover the costs of the charities that launched the legal challenge.
The core basis of the environmental campaign groups’ challenge is that the government strategy does not go into sufficient detail of the measures necessary to deliver on the emission targets that the UK committed to. Therefore, a potential breach of the Climate Change Act was raised.
Additionally, the strategy is not time-bound with no reduction targets available depending on sector-specific emissions. On top of this, the COVID-19 pandemic has halted the progression of local authorities and businesses to implement programmes that aim to decarbonise the economy.
The Good Law Project said:
“The dangerous heatwave this week is a stark reminder of the very real threat we face. Our infrastructure and homes were designed for a climate that no longer exists. This cannot wait. The Net Zero target must be a road map to a sustainable future – not a lie we tell our children.”
With the current ongoing battle for prime minister, candidates were seen to understand the highly important support for environmental action in achieving net zero, after taking part in a husting in parliament. Chris Skidmore, former energy minister and chairman of the Net Zero Support Group of Conservative MPs, exclaimed his delight that all candidates had supported the Net Zero by 2050 pledge. He said:
“As the energy and climate minister who signed net zero into law three years ago, I know how seriously other countries are watching the UK’s progress to decarbonise. We are seen as international leaders.”
The UK government is expected to feel great pressure from the High Court following the outcome of the environmental campaigners’ challenge. Backed by strong public support, greater legislation is expected to come into force in the next year, pulling a tight rope on businesses and local authorities to also flesh out their current net-zero strategy and update it to drive significant results to restore nature. This will appear yet another challenge for businesses as they recover from the aftermath of the COVID-19 pandemic. The future may very well see only the fittest survive; only the businesses who place environmental governance behind each decision made.
Businesses are expected to remain vigilant in ensuring a flexible and adaptable approach in their business strategies and policies going forward, as the pressure mounted on the next prime minister suggests legislative action.
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