Government’s Jet Zero Policy Under Judicial Review in High Court This Week

Cornerstone Climate, Public Law and Judicial Review, Planning and Environment

The Government’s policy for achieving Net Zero Aviation by 2050 comes under scrutiny in the High Court this week. A 4-day rolled-up judicial review challenging the lawfulness of the ‘Jet Zero Strategy’ begins tomorrow,  involving three separate claims brought by two claimants (GALBA and Possible). The arguments will focus on (among other matters): the consultation process leading up to the policy’s adoption; the government’s approach to demand management and non-CO2 emissions; and the public sector equality duty.

GALBA (Group for Action on Leeds Bradford Airport) is a community group made up of concerned residents from West Yorkshire and beyond, working to prevent the expansion of Leeds Bradford Airport, and all other airports, for reasons related to environmental damage – climate change, air quality and noise pollution. GALBA emphasises that aviation must play its part in decarbonising the economy, particularly as it is estimated that 1% of the most frequent fliers account for over half of passenger air transport carbon emissions.

GALBA’s Case: Demand, Technology, and Public Input

GALBA argues that the Jet Zero Strategy was unlawfully adopted because key options—like limiting demand for flying—were ruled out before the public was even asked for their views, and that responses raising serious concerns about climate risks were not properly considered. One of GALBA’s main criticisms is that the Jet Zero Strategy relies too heavily on unproven technologies and carbon offsetting, while avoiding any action to manage demand. The Climate Change Committee has repeatedly warned that unless the increase in demand is limited to, at most, 25% above 2019 levels, the UK will miss its climate targets. Yet, the Strategy assumes aviation can keep growing without directly tackling emissions from increased flying. The Secretary of State accepts that a “red line” approach was taken to demand management, but contends that was a lawful approach to the consultation process.

Non-CO2 Emissions and Equality Concerns

Non-CO2 emissions from aviation—like nitrogen oxides and contrails—which the government acknowledges arise and which evidence shows may double the harmful impact of aviation, were mentioned in the consultation, but GALBA argues that they were not taken into account at all in the various emissions pathways considered. GALBA contends this prevented lawful consultation on non-CO2 emissions and prevented conscientious consideration of the many consultation responses that raised the issue.

GALBA also argues that the government breached its legal duty under section 149 of the Equality Act 2010 by failing to have due regard to the need to remove or minimise disadvantages experienced by individuals with protected characteristics. GALBA highlights that inconsistent approaches were taken to possible impacts on people with protected characteristics, including race, and Ministers were not clearly informed about the impacts, any change in position or the significance of any such change. As a result, GALBA says the duty was not discharged “in substance, with rigour, and with an open mind,” as is required, but instead was treated as an afterthought—what has been described as an unlawful “rearguard action.”

Accountability Gap in Airport Expansion Decisions

Finally, GALBA argues that the Strategy creates a dangerous gap in accountability: it says that local planning authorities should address climate concerns when considering whether to approve airport expansion applications, but recent planning decisions showed that Inspectors think it is a national issue. As a result, GALBA claims, no one is properly addressing the climate effects of airport growth, and the Secretary of State failed to take into account the obviously material approach of planning decision-makers.

Estelle Dehon KC and Ruchi Parekh act for GALBA (Group for Action against Leeds Bradford Airport), instructed by Ricky Gama at Leigh Day.

 

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