면책조항: 이것은 법률 자문이 아닙니다. 법률과 판례는 변경됩니다. 귀하의 특정 상황에 대해 항상 자격을 갖춘 변호사와 상담하십시오.

모든 판례
Energy Law
Court of Appeal
2021

R (ClientEarth) v Secretary of State for BEIS

[2021] EWCA Civ 43

판결 이유

Development consent for a new gas-fired power station was unlawful because the Secretary of State failed to give legally adequate reasons for concluding that the project would not affect the UK's ability to meet its carbon budgets.

사실관계

ClientEarth challenged the grant of development consent for a new gas-fired power station. They argued the Secretary of State had failed to give adequate reasons for her conclusion that the project was compatible with carbon targets.

판결 요약

The Court of Appeal held that the decision-maker's reasons were inadequate. Given the acknowledged tension between new gas generation and climate targets, the Secretary of State was required to explain how she reconciled the decision with the Government's climate commitments.

주요 인용문

"Where there is an apparent conflict between a decision and important policy objectives, adequate reasons must be given to explain why the decision was nonetheless appropriate."

Lindblom LJ

후속 처리

Followed

Part of emerging climate litigation jurisprudence on energy project consents.

Related Content

Related Legislation