UK Emissions Trading Scheme ruled lawful

30th July 2021


In Elliott-Smith v Secretary of State for Business, Energy and Industrial Strategy, the claimant applied for judicial review of the legality of the defendants’ joint decision to create the UK Emissions Trading Scheme (UK ETS) as a substitute for UK participation in the EU Emissions Trading Scheme (EU ETS).

The aim of both schemes is to motivate the reduction of greenhouse gas (GHG) emissions. Each operates under a ‘cap and trade’ system. A cap is set on the amount of certain GHGs that can be emitted by

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