Searching for the real meaning
Stephen Tromans looks at two recent court decisions and whether they provide clarification of the meaning of the word "likely" in environmental impact assessmentsThe system of environmental impact assessment (EIA) depends on judgments as to whether significant environmental effects are likely. Perhaps surprisingly, until recently no case has given much thought
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In R. (on the application of Friends of the Earth Ltd) v Secretary of State for the Business, Energy and Industrial Strategy, the claimant applied for judicial review of the Secretary’s decisions to approve pro-posals and policies prepared under the Climate Change Act 2008, and to publish the government’s Net Zero Strategy to comply with his obligations.
The Department for Business, Energy and Industrial Strategy recently consulted on proposals to strengthen and improve the Energy Savings Opportunity Scheme (ESOS), and has published its response and decisions.