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The Supreme Court this morning overturned a landmark ruling that Heathrow’s third runway is illegal due to the climate crisis, a decision activists labeled a “backward step”.
The Supreme Court has ruled that the government’s policy supporting Heathrow expansion was legal, reversing a ruling that deemed the plans illegal because ministers had not fully considered the government’s obligations to address the climate crisis.
At 9.45am this morning, the UK’s highest court unanimously approved an appeal from Heathrow Airport Ltd to overturn a decision made by the Court of Appeal in February following a case brought by Friends of the Earth and the stock charity. Legal Plan B Earth.
Charities argued that a third runway at Heathrow would be illegal because former transport minister Chris Grayling had not fully taken into account the government’s obligations under the Paris Agreement when setting out support for the project in a National Policy Statement. of Airports in 2018.
However, today Supreme Court Justice Lord Sales said that Grayling “did take into account the Paris Agreement and was not legally bound to give it more weight than he deemed appropriate.”
The company behind Heathrow will now be able to apply for planning permission for the runway, but it is likely to face significant challenges given today’s stricter climate targets, analysts said.
The Court of Appeal’s verdict was viewed as historic by climate activists because it was the world’s first significant ruling based on the Paris Agreement, the international climate agreement that requires countries to limit global warming to well below 2 ° C above pre-industrial levels. , with the aim of maintaining temperatures at 1.5ºC.
Speaking today, Will Rundle, Legal Director of Friends of the Earth, said: “This ruling is not a ‘green light’ for expansion. Make it clear that full climate considerations remain to be addressed and resolved at the planning stage. Heathrow expansion is far from safe and we now hope to stop the third runway in the planning arena.
“With increasingly strong climate policy commitments that Heathrow must meet, it is unlikely that it will get planning permission for the third runway. Friends of the Earth will fight him to the end. We are in this for people everywhere facing climate breakdown right now, and for the next generation left behind to inherit a world changed for the worse. ”
The news comes days after independent UK climate advisers said there could be no “net airport expansion” if the country is to meet its goal of reaching net zero emissions by 2050.
This advice suggests that any new airport expansion should face stricter restrictions elsewhere.
Caroline Lucas, a Green Party MP, said: “This is incredibly disappointing news and it sets us back in our response to the climate crisis. Business interests have prevailed over the protection of our planet and the well-being of future generations.
“But it is not the end of the campaign and Heathrow’s plans will be opposed at every step of the planning process to stop this project so damaging that it remains inconsistent with the UK’s obligations under the Paris Agreement.”
The UK government did not join Heathrow Airport Ltd in its appeal to the Supreme Court, and Boris Johnson has openly opposed plans for a third runway.
The independent He reached out to a government spokesperson to comment on the verdict.
