United Kingdom

Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al.

Jurisdiction: High Court of Justice, Queen's Bench Division


Principle law(s): Climate Change Act


Side A: Elliott-Smith (Individual)


Side B: Secretary of State for Business, Energy and Industrial Strategy et al (Government)


Core objectives:

Whether the UK Emissions Trading Scheme sets an improperly high emissions cap and unlawfully excludes incinerator emissions


Summary
In December 2020, Georgia Elliott-Smith, a waste industry expert and environmental consultant, won permission to challenge two aspects of the UK Emissions Trading Scheme (UK ETS), which will replace the EU Emissions Trading Scheme in January 2021. Elliott-Smith alleges that the total emissions cap is too high to meet short and medium-term obligations under the Paris Agreement, and that the emissions cap unlawfully omits municipal waste incinerator emissions. She further alleges that the Climate Change Act of 2008 sets the purpose of the UK ETS as reducing emissions, whereas the government set the emissions cap for the improper purpose of easing the UK's exit from the EU. 

The plaintiff's challenge was dismissed in July 2021. 
Case documents

Related laws and policies
  • This law implements United Kingdom legislation
    Climate Change Act

    Passed in 2008 Legislative

    The Act provides a long-term framework to improve carbon management, to help the transition to a low carbon economy, encourage investment in low carbon goods and provide an international signal. The Act establishes a legally binding target for the UK to bring all greenhouse gas emissions to net z...

from the Grantham Research Institute
from the Grantham Research Institute
Climate Change Laws of the World uses cookies to make the site simpler. Find out more about cookies >>