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2024 has seen lively action in the courts for environmental law, with two prominent Supreme Court judgments and further momentum in climate change litigation. We outline these headline cases, alongside other matters of note, in this. For wider coverage of environmental law in 2024 and what to anticipate in 2025, see News Analysis: Environmental law developments—end of year review 2024. Climate change—application and enforcement of domestic climate obligations, including human rights (NAP3 challenge) In R (on the application of Friends of the Earth Ltd) v Secretary of State for Environment, Food and Rural Affairs [2024] EWHC 2707 (Admin), the High Court examined a judicial review challenge to the third National Adaptation Programme (NAP3) under the Climate Change Act 2008 (CCA 2008). The court rejected the claim, holding that NAP3 is lawful. It concluded that the Secretary of State made no legal error when interpreting the requirement for ‘objectives’ in CCA 2008, s 58(1)(a), confirming that such objectives may vary in their level of specificity and need not be...
Following the close of the Brexit transition period (IP completion day) on 31 December 2020, the UK stopped participating in the EU’s Emissions Trading System (ETS). The EU ETS is designed to reduce the overall volume of specified greenhouse gases (GHG) released by factories, power stations and other covered installations, by operating an allowance market within a cap-and-trade framework. For further information on the EU ETS and carbon trading, see the following Practice Notes: EU Emissions Trading System (ETS) Phase IV—Directive 2003/87/EC EU Emissions trading system—outline EU Emissions Trading System (ETS) for aviation EU Emissions Trading System (ETS) for maritime transport EU Emissions Trading System (ETS II) for buildings, road transport, and additional sectors Carbon markets—basic principles and future developments Carbon markets—carbon trading agreements Carbon markets—price of Carbon Carbon markets—international emissions trading schemes Before Brexit, the EU ETS was given effect in the UK by the Greenhouse Gas Emissions Trading Scheme Regulations 2012, SI 2012/3038, which...