Cumulative carbon emissions in infrastructure planning (Boswell and SST)

Table of contents

• What are the practical implications of this case?
• What was the background?
• What did the court decide?
• Case details

Article summary

Planning analysis: In Boswell v SST, decisions to grant development consent for three separate nationally significant road schemes, all in close proximity with each other, were challenged on the basis that their combined carbon emissions had not been meaningfully assessed. In dismissing the claim, the judge explained the amount of flexibility available to a decision maker in assessing the cumulative impacts of carbon emissions, making clear that acceptability of impacts is a matter of judgment and the courts should avoid being drawn into the merits of climate decision making with the question of how to best balance emissions reductions across the economy being the responsibility of government. Written by Charlie Reid, counsel at Ashurst LLP.