R (on the application of Friends of the Earth Ltd and others) (Respondents) v Heathrow Airport Ltd (Appellant)
Case ID: UKSC 2020/0042
Case summary
Issue
Did the Secretary of State's failure to take account of the UK’s climate change commitments under the Paris Agreement render the designation of the Airports National Policy Statement favouring the development of a third runway at Heathrow Airport unlawful?
Facts
On 26 June 2018, the Secretary of State for Transport designated the Airports National Policy Statement ("ANPS") under section 5(1) of the Planning Act 2008. The ANPS supports the development of a third runway at Heathrow Airport to deliver additional hub airport capacity in the South East of England.
On 12 December 2015 the UK government adopted the Paris Agreement on Climate Change, which enshrines an aspiration to achieve a net zero greenhouse gas emissions level during the latter half of the 21st century. The UK ratified the Paris Agreement on 17 November 2016.
The respondents (and others) challenged the ANPS on the basis of its failure to take account of the Paris Agreement. The High Court dismissed their application for judicial review, but the Court of Appeal allowed their appeal and held that the ANPS was unlawful. The appellant now appeals to the Supreme Court.
Parties
Appellant(s)
Heathrow Airport Ltd
Respondent(s)
R (on the application of Friends of the Earth Ltd and others)
Appeal
Justices
Lord Reed, Lord Hodge, Lady Black, Lord Sales, Lord Leggatt
Hearing start date
07 Oct 2020
Hearing finish date
08 Oct 2020
| Watch hearing | ||
|---|---|---|
| 07 Oct 2020 | Morning session | Afternoon session |
| 08 Oct 2020 | Morning session | Afternoon session |
Judgment details
Judgment date
16 Dec 2020
Neutral citation
[2020] UKSC 52
| Watch Judgment summary | |
|---|---|
| 16 December 2020 | Judgment summary |
Following the hearing of this appeal, proceedings for contempt of court were brought against one of the lawyers involved. In the matter of R (on the application of Friends of the Earth Limited and others) v Heathrow Airport Ltd and In the matter of Her Majesty’s Attorney General v Crosland. These proceedings were heard by Lord Lloyd-Jones, Lord Hamblen and Lord Stephens on Monday 10 May at the Royal Courts of Justice. Details of the decision in the proceedings for contempt against Mr Tim Crosland.