In a significant case that could have far-reaching implications for climate change policy in the United Kingdom, Dr. Boswell, a renowned climate change scientist, recently challenged three decisions made by the Secretary of State for Transport. At the heart of the dispute were the approval of three road schemes along the A47 in Broadland, Norfolk, and their potential impact on the UK's carbon budget.

The Background

The Secretary of State approved the three road schemes, despite acknowledging that they would increase carbon emissions. However, he deemed these increases insignificant when compared to the UK's national carbon budgets for 2023-2037.

The Contention

Dr. Boswell contends that the Secretary of State failed to adequately assess the combined carbon emissions from these road schemes. He argues that when coupled with other local developments, these schemes would account for 0.47% of the UK's 6th national carbon budget. This is significant, as it uses up a substantial portion of the budget for small scale projects in a limited area, necessitating offsets elsewhere in the economy if the road schemes are implemented.

The Court's Decision

The court's task was not to decide on the merits of the road schemes or their environmental impacts but to determine if the Secretary of State's approach to assessing cumulative impacts violated the Infrastructure Planning (Environmental Impact Assessment) Regulations 2017.

After careful consideration, the court concluded that the assessment of cumulative impacts of carbon emissions was lawful and did not breach the Regulations. The court based its decision on the following grounds:

The Secretary of State was within his rights to make an evaluative judgment on the impacts to be addressed cumulatively.

The carbon emissions from each road scheme were calculated and compared against the UK’s national carbon budget.

Consideration was given to the cumulative impacts of carbon emissions from all three road schemes.

The Secretary of State had valid reasons for not comparing combined emissions against the national target.

The court acknowledged Dr. Boswell’s concerns about assessing individual development projects against national carbon targets, but stated that such an approach cannot be considered unlawful.

The Appeal

Despite the court's decision, Dr. Boswell and his legal team are looking to appeal the judgement. They argue that no lawful cumulative assessment had been produced for the carbon emissions which would be generated by the schemes together. They also contend that no lawful assessment of the impact of the cumulative emissions on meeting the UK carbon budgets existed.

Dr Boswell believes that the case is of wide importance as the same methodology which systematically ignores cumulative emissions is used to assess nearly all road schemes in the UK. “At no stage have the A47 Alliance properly assessed the environmental and climate effects of their grotesque proposals," Dr Boswell says.

This case serves as a reminder of the ongoing tension between infrastructure development such as the Norwich Western Link and climate change mitigation efforts. As the appeal progresses, it will be interesting to see how the Courts continue to navigate this complex and ever-evolving landscape.

The link to Dr Boswell’s Crowd Funding Page can be found  here : https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/