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United Kingdom

High Court dismisses judicial review of Teesside CCUS DCO; policy support non-justiciable; EN-1 applied to GHG significance; reasons and need findings sufficient (England and Wales)

Published on: 30 August 2024

Published by a LexisNexis Planning expert
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Article summary

R (on the application of Dr Andrew Boswell) v Secretary of State for Energy Security and Net Zero [2024] EWHC 2128 (Admin)

What are the practical implications of this case?

The court observed that the Claimant is deliberately overlooking national policy on the pathway to net zero and the necessity of CCS/CCUS. His real dispute is with the SoS’s stance—shared by the Climate Change Committee—in backing this project. He is attempting to undermine the policy basis for the Scheme by alleging a contradiction in the SoS’s reasoning where none exists. The foundation of the SoS’s position is plainly set out in the policy materials, together with the ExAR and DL in this matter. This section of the judgement underscores the long‑standing position that challenges of this kind must be brought strictly on points of law; any indirect attempt to attack the policy itself will fail.

What was the background?

Dr Boswell sought judicial review of the decision of the Secretary of State for Energy Security and Net Zero, dated 16 February 2024, to grant development consent for a new gas‑fired electricity...

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