Aarhus Convention scope on environmental claims—HM Treasury v GFL
Environment analysis: This case concerns the scope of the Aarhus Convention’s access to justice provisions in the context of a judicial review challenge to UK government decisions implementing the UK-Australia Free Trade Agreement (FTA). Specifically, the Court of Appeal was asked to determine whether a claim brought by Global Feedback Ltd (GFL), a charity focused on environmental protection, was an ‘Aarhus Convention claim’ for the purposes of the Civil Procedure Rules and thus entitled to special costs protection. GFL challenged the government’s decision to make regulations giving effect to tariff preferences for Australian imports, arguing that the decision would increase greenhouse gas (GHG) emissions (‘carbon leakage’) and that the government had failed to properly assess this risk, contrary to its obligations under domestic and international law. The key legal issue was whether the relevant statutory provisions (primarily within the Taxation (Cross-Border Trade) Act 2018 and associated regulations, and in particular section 28) were ‘provisions of national law relating to the environment’ within the meaning of Article 9(3) of the Aarhus Convention. Written by Joel Semakula, barrister at Landmark Chambers.