Plan B & 11 Citizens v. The Secretary of State for Business, Energy, and Industrial Strategy

In Plan B & 11 Citizens v. The Secretary of State for Business, Energy, and Industrial Strategy, Plan B and 11 UK citizens impacted by climate change filed suit against the Secretary of State for Business, Energy, and Industrial Strategy. They allege that the Secretary violated the Climate Change Act 2008 by not revising a 2050 carbon reduction target despite new scientific information and updated international law. The case was ultimately dismissed and the appeal was rejected.

Background
In 2008, the Climate Change Act was passed by the UK Government. The Act committed the UK to the maintainance of 2˚C above pre-industrial levels, the recognized climate goal at that time. The target was an 80% reduction of overall emissions by 2050 compared to 1990. However, the Paris Agreement in 2015 revised the 2˚C goal, reflecting new scientific developments, and aimed for 1.5˚C instead. The UK was part of this Agreement but, despite the new goal, had not changed the 2008 Act.

Plan B wrote to the Government and its Committee on Climate Change in 2017. After not receiving adequate responses, the organization and citizens filed a claim on December 8, 2017. The claim states that the failure to set a new goal violates the Paris Agreement and the citizens' right to life. The claimants ask the Secretary to set a lower goal that accounts for the new international law and science since the Secretary has authority to revise the target under Section 2 of the Act. In their ground for judicial review, the claimants show five reasons:
 * 1) It is ultra vires (beyond authority) because it frustrates the purpose of the 2008 Act
 * 2) It is based on an error of law in light of the Paris Agreement
 * 3) Fails to take into account the risks of climate change and future technology
 * 4) Violates the Human Rights Act of 1998
 * 5) Breaches Section 149 of the Equality Act of 2010

Relevant Law and Principles

 * Paris Agreement
 * Climate Change Act 2008
 * Section 2
 * Human Rights Act 1998
 * Equality Act 2010
 * Section 149

Status
The case was granted a permission hearing on March 20, 2018, by the Royal Courts of Justice in the Strand to see if there would be an official hearing. On July 20, 2018, the High Court dismissed the case. Plan B appealed but that appeal was rejected in January 2019.

Takeaways
Though the case was dismissed, it was a foreshadowing of Young People v. UK Government and exemplary of Plan B's ultimate initiatives. It is noteworthy that the High Court acknowledged that a governmental response to climate change is a matter of human rights. However, this case also revealed the complications of bringing climate litigation and what strategies are needed to prove proper standing or grounds.

Links

 * Plan B
 * Full Decision
 * Full Grounds for Judicial Review