May 7th, 2024 by James Goudie KC

Friends of the Earth v Secretary of State ( 2024 ) EWHC 995 ( Admin ) concerns the process to achieve net zero greenhouse gas emissions by 2050 and carbon budgets. Clive Sheldon J says at para 117 that there is no free-standing obligation in public law that information about risk is to presented in a particular way. How the risk is presented to the decision-maker can be impugned only if the content of what is provided does not enable a statutory evaluation exercise to be carried out lawfully. At para 127 he says that Wednesbury unreasonableness may be made out when there is an unexplained evidential gap or leap in reasoning which fails to justify the conclusion reached by the decision-maker.

Comments are closed.