R (on the application of Climate Action UK) v Secretary of State for Energy

JUDGMENT

Mr Justice Fordham

1. This is a claim for judicial review of the decision of the Secretary of State for Energy Security and Net Zero to grant 100 new oil and gas exploration licences in the North Sea.

2. The claimant, Climate Action UK, is a registered charity which campaigns for action on climate change. It contends that the decision was unlawful on several grounds.

The Decision Under Challenge

3. On 31 July 2023, the Secretary of State announced that the Government would grant new oil and gas licences in the North Sea. The decision was taken pursuant to the Petroleum Act 1998.

Ground 1: Failure to take into account material considerations

4. Section 1 of the Climate Change Act 2008 imposes a duty on the Secretary of State to ensure that the net UK carbon account for the year 2050 is at least 100% lower than the 1990 baseline. This is the net zero target.

5. The evidence before me shows that the Secretary of State did not carry out any assessment of the impact of the new licences on the UK's ability to meet its carbon budgets or the net zero target. This was a material consideration which the Secretary of State was bound to take into account.

Ground 2: Environmental Assessment

6. The claimant also argues that the decision was taken without an adequate strategic environmental assessment as required by the Environmental Assessment of Plans and Programmes Regulations 2004.

7. I accept this submission. The licensing round constitutes a "plan or programme" within the meaning of the Regulations, and an SEA was required but not carried out.

Conclusion

8. The decision to grant new oil and gas licences is quashed. The Secretary of State must reconsider the matter, taking into account the UK's net zero commitments and carrying out a proper strategic environmental assessment.