BREAKING NEWS: Yesterday, March 21st 2024, my lawyers filed a claim to the Supreme Court for permission to appeal the Court of Appeal judgment.  

To everyone who supported me to take this to the High Court and then the Court of Appeal.  Huge thanks.  The bar to get permission for cases to be heard is very high, and your support has made the long process possible.  Now we are heading to the Supreme Court, I ask you again to please donate generously.  The bar is higher but the issues are wider and broader now too.

This case is now about cumulative carbon emissions in all infrastructure projects - that includes roads, energy plants, housing etc.  It is vital that ministers have to assess cumulative carbon emissions and show that they have done in a reasoned way when the UK has very challneging carbon budgets, the delivery of which is now known to be highly risked.  By going to the Supreme Court we are raising a vital public interest case at national level.  The case is no longer just about roads, nor just about roads in Norfolk, although the issue has emerged via the lense of the massive amount of road building planned in Norfolk.

“Despite the government promoting a number of highways schemes as a combined “A47 improvement programme,” it is undisputed that each scheme’s impacts were only ever assessed individually.  The Court of Appeal’s judgement effectively carves out climate impacts as not requiring cumulative assessment, an exception which does not appear in the rules.  This has broad implications for infrastructure projects and their compatibility with the government’s climate commitments.  This is an issue of wide public importance and we are therefore asking the Supreme Court to weigh in.” 

I will post more updates over future weeks, but for the moment I want to thank my legal team for the work over the last month in preparing the permission to appeal documents for the Supreme Court.  That is Holly Law, Lewis Hadler and Matthew McFeeley from Richard Buxtons solicitors, Ben Mitchell and Peter Lockley of 11 King's Bench Walk chambers, and of course, David Wolfe, KC, from Matrix chambers.  The case is as always very well argued, and brings in the wider context of all infrastructure and meeting our legally binding climate budgets and targets as above. 

If you have read this far, please do give generously to the legal fund, if you can.  

Dear All,

A very quick update, the Court have now listed the deatils for the case tomorrow.

It will be heard at Court room 70 at the RCJ (Map: https://maps.app.goo.gl/aR6RnNsZfksb9kxD6) at 1030 tomorrow.   

If you can't make the hearing, it is being livestreamed from Court 70 from 1030 here https://www.youtube.com/channel/UCFgPCUoTErOfzpbk8wIJybg

Many thanks for all your support.  Do repost this tweet if you can 

Andrew

https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

Dear friends and supporters

https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

Tomorrow we are at the Court of Appeal.  David Wolfe, Kings Counsel, will lay out a strong case that the Government broke the law in approving the three A47 road schemes without doing a proper cumulative assessment of the carbon impacts.  

I want to thank each and every one of you for your support to this point, now over 18 months since I started this legal case.  With over 1850 pledges to this site, it is clear that this vital climate case is widely supported.  I have been blowned over by the support which has grown for this case.  Last week, broadcaster and naturalist Chris Packham, and Sir David King, the former government chief scientific advisor, both gave strong statements of endorsement for the Court of Appeal challenge (see my press reelase appended below). 

My lawyers have been working very hard to put together the final arguments and preparing for tomorrow's hearing.  Please make a donation if you can to support this vital climate case and the dedicated work of the legal team.

Do listen to this super podcast on this landmark Climate Litigation case with my lead Counsel, David Wolfe, KC which explains the case really well. 

And please join us on Tuesday if you can.  The case will be at the Court of Appeal at the Royal Courts of Justice (Map).  Arrive around 0930 if you wish to go into the Court, or arrive at 1245 for a pavement gathering with speakers from several roads campaigns around the UK, me, Becca Lush from Transport Action Network, and Rupert Read from Climate Majority Project.    

Please share on widely!

Thank you, Andrew

____________

Press release - sent on behalf of Dr Andrew Boswell - 15 January 2024

CHRIS PACKHAM SUPPORTS ROADS CLIMATE LEGAL CHALLENGE IN THE COURT OF APPEAL

Photo opportunity - Tuesday 16 January at 1pm at the Royal Courts of Justice, Strand, WC2A 2LL

An important climate legal challenge against three major road schemes will be heard in the Court of Appeal [1] tomorrow, Tuesday 16 January 2024 at 10am. Broadcaster Chris Packham and Sir David King, the former government chief scientific advisor, are both supporting the legal challenge. 

Supporters of Dr Boswell will be outside the Court at 1pm for a photo opportunity, with banners highlighting the climate emergency and road schemes around the country. 

Dr Andrew Boswell is challenging the granting of development consent for three new, nationally significant road schemes in Norfolk, on the grounds of the Department for Transport’s and National Highways’ failure to properly consider the three schemes’ combined impacts on climate change [2]. If Dr Boswell is successful, the case could have serious implications for other major road schemes in the Government’s roads programme. 

There are two other climate-focused legal challenges to the A38 Derby Junctions [3] and A57 Link Roads [4] schemes that are awaiting a decision on Dr Boswell’s Court of Appeal climate challenge. If Dr Boswell’s appeal succeeds, National Highways may have to reassess the carbon calculations for all their other road schemes, including the £10 billion Lower Thames Crossing which National Highways estimates will cause an extra 6.6 million tonnes of carbon emissions [5]. 

Dr Boswell first challenged the granting of development consent for the three schemes in the High Court in May 2023. Justice Thornton dismissed the challenges in July 2023, but Dr Boswell’s challenge was granted permission by the Court of Appeal on 18 October 2023 with the Judge noting that his case  “has a real prospect of success” and acknowledging that “assessment of combined carbon emissions has potentially wide implications” [6]. Only the very strongest cases are granted permission to proceed to a full appeal hearing. 

The challenge to the three A47 schemes in Norfolk, each part of the same road programme, centres on the failure of the Secretary of State for Transport and National Highways to properly assess the combined impact of the three schemes on climate change, instead only looking at each scheme in isolation. 

Dr Andrew Boswell said, “This case has wide implications for how ministers make decisions in the face of the rapidly worsening climate crisis.  Government climate policies are failing, and especially for transport which is the UK's largest carbon emitting sector.  Each time a minister approves a new road scheme whilst stubbornly refusing to consider the full climate impacts, the national challenge of meeting our climate targets is severely undermined.”  

The broadcaster and naturalist Chris Packham sent his support to Dr Boswell, saying “Instead of rapidly reducing carbon emissions, the Government is instead driving them up with huge new road building projects. Dr Boswell is courageously challenging this unsustainable approach in the Court of Appeal by questioning the routine underestimating of the emissions caused by increasing traffic. I salute him and all those challenging Government climate policies in the courts” 

The case is also supported by the former chief scientific adviser to the UK government, Professor Sir David King (now Founder & Chair, global Climate Crisis Advisory Group, CCAG) who, noting the severe flooding problems this winter across the UK, said, “Climate change is with us now, and the impacts are getting worse on an annual basis. Funds need to be directed at developing flood defences based on the best available climate models setting out the detailed nature of these severe challenges to all of us. This requires that all decision making on infrastructure projects must be re-examined to see that investments today are fit for purpose over the coming decades.  The three road schemes proposed on the A47 are examples of developments that ignore the reality of these impacts.”

Rupert Read, co-director of Climate Majority Project, said,“The bottom-line is that UK transport plans quite obviously cumulate to blowing through our climate targets. As the subpostmasters have found, British justice may be slow but its eventual arc points towards truth - and (in this case, climate) justice!" 

Dr Boswell is represented by David Wolfe KC, Peter Lockley and Ben Mitchell, instructed by Richard Buxton Solicitors [7]. 

Lewis Hadler of Richard Buxton Solicitors said, “This is an important climate case that will have wider implications for the way in which cumulative carbon emissions are considered. Our client and the many people who have supported his case are right to expect proper scrutiny of this important aspect of the assessment of infrastructure projects and for the Government to be held to account for its commitments to address climate change.”

ENDS

Notes to Editors

[1] The case is to be heard by a panel of three Judges from 10am Tuesday 16 January 2024 at the Court of Appeal, sitting at the Royal Courts of Justice, Strand, London, WC2A 2LL. 

[2] More information on Dr Boswell’s three legal cases can be found here: https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/ .  The UEA Law School have also recently made a podcast of Dr Boswell discussing the case with his lead Counsel David Wolfe, KC at tinyurl.com/A47xPodcast

[3] More information on the legal challenge to the A38 Derby Junctions scheme can be found here: https://www.crowdjustice.com/case/stop-the-a38-road-expansion-for-good/ The Claimant for the A38 case will be at the hearing on 16 January and is available for interview. 

[4] More information on the legal challenge to the A57 Link Roads scheme can be found here: https://www.crowdjustice.com/case/stop-mottram-bypass/ 

[5] National Highways have estimated the Lower Thames Crossing will increase carbon emissions by 6.6 million tonnes. See https://www.thamescrossingactiongroup.com/ltc-carbon-emissions/ 

[6] The Court Order by Lord Justice Coulson which granted permission for the Court of Appeal hearing can be viewed here: https://transportactionnetwork.org.uk/wp-content/uploads/CA-2023-001482-SEALED-ORDER.pdf 

Dear friends and supporters

https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/ 

We are now less than a week from the Court of Appeal hearing on Tuesday January 16th.  Huge thanks for all the support since I launched this crowdjustice campaign 18 months ago (read to the bottom to see some thoughts on why this is so important).  This a nationally important case with six roads already in the Courts relying upon the outcome of this Court of Appeal case - the A38 Derby junctions, the A57 in Peak District A303 Stonehenge, and the three A47 schemes in Norfolk themselves.  Each of these cases has its own ground that the cumulative carbon pollution was not assessed properly: the very issue which is before three Law Lords/Ladies at the appeal hearing on Tuesday - so it really is a potentially landmark case.  

Also further schemes like the ecologically devastating Norwich Western Link road, and the mega carbon bomb schemes the A66 Northern Pennines, and Lower Thames Crossing may also have to be reconsidered if this case is successful.   

I still need to raise further legal funds for my superb legal team, so please donate if you can.

Do join us on Tuesday if you can.  The case will be at the Court of Appeal at the Royal Courts of Justice (Map).  Arrive around 0930 if you wish to go into the Court, or arrive at 1245 for a pavement gathering with speakers for several roads campaigns, Becca Lush from Transport Action Network, and Rupert Read from Climate Majority Project. 

Also please share this widely on your networks, social media and email.

And please take time to listen to this super podcast on this landmark Climate Litigation case with my lead Counsel, David Wolfe, KC. 

Just some thoughts on why climate litigation on UK roads is so vital.  Today the BCC published an article that 2023 has been confirmed as world's hottest year on record with some very good graphs of the incredibly unprecedented geophysical changes which happened to the planet last year.  We all knew this anyway, and I think about it every day.  Here is just one example graph from the BBC article:

The graph shows, as the red area, that every day for the second half of 2023 broke the previous global average temperature record for that day.  No further evidence is needed that we are in a very severe and accelerating Climate Emergency.  Transport is the UK's largest carbon emitting sector, and each time a minister signs off a road scheme, knowing its future footprint of construction and operation emissions, they are knowlingly making this emergency worse.  

Put simply the Government is not treating the Climate Emergency as the Emergency that it is - instead they are doing business-as-usual.  I started my climate litigation work on the basis of acting as if we are in an Emergency, and taking the implications of that to the highest levels of government.  That's why I called my consultancy, under which I develop this and other cases, Climate Emergency Planning and Policy (click to follow my Twitter/X account).

Please help me to win this case at the Court of Appeal to force the Government to start treating carbon emissions as if we are in the Climate Emergency that we are!  Your help much appreciated.

Thank you, Andrew

As the sun sets on 2023, it is now just two- and a-bit weeks until my Norfolk A47 roads and carbon case goes to the Court of Appeal on Tuesday January 16^th.  I am writing to invite you to do three things in this quiet time before the new year really kicks off:

• Please give generously to the legal fund.  I have raised the target to £85,000 to cover the funds needed for the work which my lawyers have done in assembling the final skeleton arguments for the Appeal hearing, and will be doing at the Hearing itself on January 16^th.  The case already been supported by the Court as arguable, thanks to the legal team (see bottom of this message), we do have very strong arguments.  The case is also so important as local politicians in Norfolk and government ministers persistently avoid the real pertinent question which is “do the additional emissions from new roads risk the UK failing on climate policy?”.  To find out more   ….

• Listen to this podcast I recently made on the case with Tyndall Centre PhD researcher Millie Prosser and Friends of The Earth Lawyer and PhD researcher Acland Bryant (in the University of East Anglia Law School series).  The podcast special guest is the renowned environmental lawyer David Wolfe KC who is also the lead Counsel on my case. We discuss how the core of my case challenges government decision-making around carbon emissions on large road infrastructure projects. Through the lens of my case, the podcast also considers the role and legitimacy of climate litigation in the UK, the significance of climate-related judicial review cases and citizen routes to scrutiny and accountability of government decision-making.  A must listen over this holiday season!

• Put January 16^th in your diary and join us at the Royal Courts of Justice (RCJ) in you can – more details below.

(Photo above: some of us with Chris Packham at the June 2023 High Court hearing - Chris has a case in the Courtroom next to ours!).  The A47 case is now critical for three other legal challenges to the UK roads programme each of which have the same cumulative carbon ground and are waiting on the Court of Appeal to decide on it.  These are: the second judicial review to the A303 Stonehenge tunnel (which would devastatingly damage the UNESCO World Heritage site) which was heard at the High Court on December 12^th to 14th; the A38 Derby scheme which recently got permission to go to a full High Court hearing; and the A57 Mottram Bypass which lost on the ground of Green Belt damage but would still fall on carbon grounds if my appeal wins.  The case may have impacts on the decision making for other extremely high carbon schemes too especially the massive A66 Northern Trans-Pennine and Lower Thames Crossing schemes which would require, respectively, over 500,000 and 1,400,000 tonnes of CO2 just to construct over the next few years.  (Click links for recent submissions from me on these latter schemes).

I very much looking forward to meeting supporters from these campaigns, and other climate justice campaigns, at a Pavement Protest outside the RCJ at 12:45 on Tuesday January 16^th 2024 with a photo opportunity at 1pm.  If you wish to attend the hearing itself from around 1000 am, please contact me at [email protected]. 

If you wish to read the skeleton arguments for the Jan 16^th appeal, then please click here:  tinyurl.com/A47xAPPEAL

Some further thoughts:

I thank everyone who has supported this legal case – there have been over 1800 donations, and I thank each and every one of you.  We have had a super year of outreach and community building with five big fundaisers in Norwich, including three storytelling events, an evening hosted by Norwich Quakers and a Ceildh.  Huge thanks to everyone who came together to create these events which were each sellouts!  

If you have read this far, please do give generously to the legal fund, if you can.  We have very strong arguments, thanks to my legal team who are Lewis Hadler and Matthew McFeeley from Richard Buxtons solicitors, Ben Mitchell and Peter Lockley of 11 King's Bench Walk chambers, and of course, David Wolfe, KC, from Matrix chambers.

Finally, I share this recent letter of mine in the Eastern Daily Press which lays out why it is so crucial, with the costs of failing to tackle climate change being so much greater than those of tackling it, that Governments are held account to properly account carbon pollution in all decisions which may impact the climate.  That is what my legal case is doing!  (Note that the paper also had an editorial on the coastal erosion in Norfolk which is being made worse by climate disruption next to my letter. )

Text version of letter with references

Thank you, and best wishes for 2024!

Very good news today.  Lord Justice Coulson has given permission for the case to go to the Appeal Court, saying it ‘has a real prospect of success’.  His full order is at this link.  As of now, there have been over 1700 pledges towards the campaign - I thank you for each and every one.  

Now we start fundraising for the full appeal itself, and please donate if you can here. 

To get this far is a win for all of us concerned about the climate breakdown which we have seen unfolding before our very eyes this year. The legal case for appeal from my lawyers is very clear, and very strong, and we will now put all our energies into winning this case.

My press release is below.

Climate campaigner wins next step on A47 schemes

Press release - sent on behalf of Dr Andrew Boswell - 18 October 2023

Permission has been granted by the Court of Appeal  for Dr Andrew Boswell to challenge the granting of development consent for three new, nationally significant road schemes in Norfolk, on the grounds of the Department for Transport’s and National Highways’ failure to properly consider the three schemes’ combined impacts on climate change. 

The Order says that Dr Boswell’s challenge “has a real prospect of success” and acknowledges that “assessment of combined carbon emissions has potentially wide implications”. 

Dr Boswell first challenged the granting of development consent for the three schemes in the High Court in May 2023. Justice Thornton dismissed the challenges in July 2023, but today the Court of Appeal have granted him permission to appeal her decision. Only the very strongest cases are granted permission to proceed to a full appeal hearing. 

The challenge to the three A47 schemes in Norfolk centres on the failure of the Secretary of State for Transport and National Highways to properly assess the combined impact of the three schemes on climate change, instead only looking at each scheme in isolation. 

Dr Andrew Boswell said:

“I feel vindicated today that the Court of Appeal has decided that my cases should proceed.  We are not seeing a reduction in carbon emissions from UK roads. My cases have a real prospect of success in the Appeal court, and this would have wider implications for the Government’s failing climate strategy, especially on transport. National Highways and the Secretary of State for Transport have never properly assessed the combined impact of the three schemes on climate change as I have consistently argued.”

To get this far is a win for all of us concerned about the climate breakdown which we have seen unfolding before our very eyes this year. The legal case for appeal from my lawyers is very clear, and very strong, and we will now put all our energies into winning this case.  Thank you for your support, Andrew

Very sad to report that the Govt has promised Norfolk County Council over £200m for the Norwich Western Link road yesterday.  However this is just a "promise" from a broken government hoping to get a few more votes.  Campaigners opposing that scheme are more empowered than ever to fight it and stop it, including support from Chris Packham 

My cases are on the A47 schemes, but the NWL would be a development that contributes further traffic growth in the same area, and more construction and traffic carbon pollution for decades.  The NWL is a related project for the cumulative carbon emissions on the A47 schemes.  We cannot afford any of these schemes in the Climate Emergency, and together we will stop them all.

This latest news makes the appeal for the A47 cases even more important.  We wait to hear if we have permission to appeal.  Please keep supporting the legal fund if you can.

Thank you, Andrew

Thank you to everyone who has supported these vital legal cases all the way. Please continue to contribute to the legal fund if you possibly can. The fund is still some way short of the costs of the superb legal team and we will need further funds to make the strongest possible case at the Court of Appeal if we get permission to proceed (expected soon). 

Support this campaign while having a great evening out.  If you live in Norwich area, due to popular demand, our third storytelling event, Untamed Tales III will be on Saturday, October 21 at the Quaker Meeting House, Norwich. Book your tickets (and see video below) here: https://www.eventbrite.co.uk/e/untamed-iii-stories-for-the-protection-of-nature-tickets-712841938427

After several recent announcements from the Government, this campaign is never more important.  Rishi Sunak has made a devastating U-turn on climate policy without doing the maths.  Every serious commentator knows the carbon budgets along the way to the net zero 2050 target are in deeper jeopardy following his crazy announcement, and Chris Packham has launched a legal challenge.  Well done, Chris! 

At the same time, Sunak and transport minister Mark Harper are bumping road transport emissions upwards with every new road scheme, and now they using are money from the cancelled HS2 north to raise money to build and lock-in even more carbon pollution.   

Quite simply, Sunak is leading a dishonest and corrupt Government, and this climate U-turn is immoral when we already seeing the plight of people around the world suffering from climate breakdown. 

We have to do everything to stop this, and already taking these cases to the High Court has highlighted how minsters effectively blindfold themselves to the cumulative impacts of carbon pollution when they approve road schemes.  My lawyers have a good case that minsters can’t just blindfold themselves, on their own whim, to the real climate impact of their decisions.  We will work to establish this as a matter of law in the Appeal court. 

The campaign continues to grow from strength to strength, helped immensely by the generosity of a wide community of supporters – thank you if you are one of them.  Please contribute to the on-going fund for the next legal steps if you can. 

You can help in other ways too.  Please share on this message post.  Follow my X-twitter where I regularly post https://twitter.com/Andrew9Boswell , and retweet to your networks. 

There is also a 100 club - 100 people to give £100 each towards the Court of Appeal case.  We are over half way there but there are still places to join the club. I have also noticed that several of you have left messages for me in the comments on the fundraiser offering help. Thank you for these messages – I have been unable to respond in some cases as I didn’t know your emails. If you are interested to help wider, or being part of the 100 club, please send an email to [email protected].

Thank you

Trailer for Untamed Tales III, Saturday, October 21 at the Quaker Meeting House, Norwich 

Dear Friends

The Government think that they can pollute carbon with impunity - together ... we can stop them. We must, and can, overturn this supposed entitlement to pollute with carbon.

Thank you for all the support over the last year.  We set off to challenge the entitlement to pollute in big infrastructure planning, and how things have changed over these twelve months.  This time last year the UK was breaking all time temperature records and my first grandchild was born - to be honest I was terrified then for the coming generations.  Now, we see temperature records being broken around the world in a global heatwave.  More worrying in my view are the geophysical records being broken (see today's BBC website) - sea temperatures and marine heatwaves, global hottest days for weeks now, and the sea Ice not refreezing as it should do in this year’s Antarctic winter.  These are not so obviously manifesting as the extreme heat but they are beyond unprecedented.  There are not words for this - we are see unquestionably cataclysmic effects happening at a global level in real time.  My second grandchild has been born in this time.  And as I write breaking news that tourists are being evacuated from wildfires in Rhodes.

Despite all this, we see no serious action from our Government.  Instead, the Government continue to make the crisis worse and intentionally so.  I was shocked to see this clip, following the High Court judgment in my case, where a DfT official, sitting with the roads minister, in effect says the Government can build roads (and airports) with impunity to the carbon generated.  This was at the Transport Select Committee this week in Parliament. 

Schemes were discussed in this session of the TSC committee like the A66 (see my May 18th closing submission on this scheme) and Lower Thames Crossing (see my July 18th submission on this scheme) which will generate over 500,000 and 1,700,000 tonnes of CO2 each respectively - just to build.  As this in the period to 2030 when the UN says we have to cut emissions drastically.   It is schemes like this that the Government want to push ahead with now following the High Court judgement against our case.

At least 1300 of you have backed my cases so far, and together we have to act to stop the Government continuing to make things worse.  It is crucial that we turn over the decision from the High Court which gives impunity Government and developers in the planning system to build high carbon infrastructure.  Our campaign to overturn this decision at the Court of Appeal could not be more important.

Please give what you can at the crowdfunder here: https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

As always, thank you to each and every one of you, Andrew

Dear Friends

I wanted to tell you as soon as possible.  Today Mrs Justice Thornton handed down a judgement against my cases.  However, it was a well-reasoned judgement and there are clear legal interpretations with which I and my lawyers disagree.  We are commencing immediate legal proceedings to appeal the judgement. 

I attach my full press release below which explains the situation in more detail. These cases are very important.  I am now going to the Court of Appeal to safeguard the clear and wide-ranging legal protections which do exist in UK law.  These are threatened by the relentless pressure and practice from Government and developers, in cases such as these schemes, to erode environmental standards and deregulate by stealth.  You have been part of the journey so far, I hope you can join me on this stage of this journey to the Court of Appeal.

In terms of support, I now need to reach the full target on this crowdfunder, and also start further fundraising for the appeal.  As always, I reach out to ask for your support, if you can, at https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/.

I will be setting up a 100 club – this would be for 100 people to give £100 each to kickstart the funding for the appeal.  I have also noticed that several of you have left messages for me in the comments on the fundraiser offering help.  Thank you for these messages – I have been unable to respond in some cases as I didn’t know your emails.  If you are interested to help wider, or being part of the 100 club, please send an email to [email protected]. 

This is a big day – the Net Zero Strategy is being taken back to Court (see below) and I am launching the appeal on my cases.

Thanks as ever – the press release is below - Andrew

--

Climate Emergency Planning and Policy

± SCIENCE ± POLICY ± LAW ±

Dr Andrew Boswell

For immediate release 07.07.2023

Scientist to take the carbon impacts of new roads to the Court of Appeal

Mrs Justice Thornton has dismissed Dr Andrew Boswell’s [2] challenge against three road schemes, part of a larger proposed programme, on the A47 in Norfolk in a judgement [1] handed down at the High Court today.  Dr Boswell challenged each planning approval decision on the basis that respective Secretaries of State had not properly considered the cumulative impact of the carbon emissions across all related roads schemes and developments when making their decisions. 

Dr Boswell’s lawyers [3] are commencing immediate legal proceedings to appeal the judgement.  Critically, the Court was given clear evidence that no lawful cumulative assessment had been produced for the carbon emissions which would be generated by the schemes together.  Evidence was also provided that no lawful assessment of the impact of the cumulative emissions on meeting the UK carbon budgets existed.  In the light of this, Dr Boswell does not agree the legal interpretation by the Court and will mount a robust legal case for the Court of Appeal that the Judge made legal errors in reaching her decision.

Dr Boswell says:

“This case is extremely important as it addresses issues of pressing public importance including how the environmental impacts of new infrastructure are assessed and whether the UK can deliver its climate targets.   I am going to the Court of Appeal to safeguard the clear and wide-ranging legal protections which do exist in UK law.  The relentless drive from Government and developers, in cases such as these schemes, to turn a blind eye to the true environmental impacts of the scheme in order to avoid facing up to the true climate impacts of their decisions is astonishing. It is remarkable that the Government has fought tooth and nail merely to avoid having to face up to the cumulative climate impacts of one part of their road-building programme.  

“Over 1500 people who given me fundraising support[4] recognise that it is vital to uphold such protections, and put a stop to this deregulation by stealth, and I am very grateful to them for their backing. 

“The case is of wide importance as the same methodology which systematically ignores cumulative emissions is used to assess nearly all road schemes in the UK.  And as each road scheme is only assessed on its own individual impact, it is approved on the false conclusion that there is no combined material impact, from the many new roads being planned, to the delivery of the UK Net Zero targets. 

“Yet just last week, the risks to delivery of the Net Zero targets from the combined effects of ever-expanding traffic were set out in stark terms by the Government’s own official Climate advisors (the Climate Change Committee)[5] when they advised the Government to conduct a systematic review of current and future road-building projects against delivering climate targets.   Each new scheme in the Government’s endless pursuit of new roads amounts to taking a significant and dangerous backward step in the transition to a low carbon world.  Instead, the Government should be moving forward to implement  genuine transport decarbonisation policies. 

“Today, the Net Zero Strategy itself has also been taken back in Court[8] because the Government has not demonstrated that it can deliver, or has risk assessed delivery of, the relevant carbon budgets.  This also highlights how crucial it is for the impacts of carbon emissions from every new piece of infrastructure, including roads, to be lawfully assessed where they currently are not.

“The climate emergency is very urgent: we cannot afford unnecessary emissions.  This last month has seen temperature records are being broken around the globe, with scientists expressing concern at extremely concerning trends[6].  Today the United Nations has said climate change ‘out of control’ after likely hottest week on record[9]. The climate stakes are high for us, our children and grandchildren.  I embarked upon this legal action for future generations, and I am humbled to now be taking it to the Court of Appeal.”

Recently, Norfolk County Council and some local MPs indicated that they are lobbying central Government for funding for many more A47 schemes and for the full dualling of the A47 from Great Yarmouth to Peterborough[7].  In respect of this, Dr Boswell makes this further statement:

“The A47 Alliance have always wanted to turn the A47 into a near motorway across Norfolk and Cambridgeshire.  The plans are for at least nine more destructive road schemes, and up to 80,000 more houses, increasing traffic and environmental impacts across the region including on the Broads National Park between Acle and Great Yarmouth.

“At no stage have the A47 Alliance properly assessed the environmental and climate effects of their grotesque proposals.   The Alliance is out of synch with reality and the times.  It could have be taken as irony when they announced their latest lobbying push to Government in the same week that the Government’s Climate advisors (Climate Change Committee)[5] warned of the combined effects of ever-expanding traffic and set out in stark terms the risks of new road building to the delivery of the Net Zero targets.  

“My legal case on these three A47 schemes comes at the right time to put a halt to this needless road building spree across Norfolk.  Such attempts to cover concrete and tarmac, air pollutants and carbon emissions, across Norfolk belongs to another era, now long gone.  My lawyers [3], today, are starting proceedings to take my case on the first three A47 schemes to the Court of Appeal as there clear and wide-ranging environmental protections at risk which must be upheld, especially in this Climate and Nature Emergency.  I hope for future generations that my campaign will put an end to the A47 Alliance’s outdated ambitions.”

Notes:

1. The judgement will be available after 1100 on Friday July 7^th.  It will be available at https://tinyurl.com/A47judgement shortly after this.

2. Climate Emergency Policy and Planning (CEPP) is a consultancy, founded by Dr Andrew Boswell, specialising in bringing science-based approaches to policy and law for ecology and climate change.  Its mission purpose is "consultancy to promote the necessary rapid response to the Climate Emergency in mainstream institutions, such as local authorities and government, through the lenses of science, policy, and litigation".    

Dr Boswell has a background in computer modelling of complex phenomena, including climate change. Between 1995 and 2006, he ran the high-performance computer service at the University of East Anglia.  He also has 17 years’ experience working on planning and climate change issues as both a councillor on Norwich City Council and on Norfolk County Council, and as an environmental consultant.

3. Dr Boswell’s legal team are specialist environmental lawyers comprising Matthew McFeeley and Lewis Hadler from Richard Buxton Solicitors of Cambridge, Peter Lockley and Ben Mitchell from 11KBW, with lead Counsel being David Wolfe, KC of Matrix Chambers.  

4. The crowdfunder for the legal action is at: https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

5. https://www.theccc.org.uk/wp-content/uploads/2023/06/Progress-in-reducing-UK-emissions-2023-Report-to-Parliament.pdf (see pages 109 and 420)

6. Read climate scientists discussing the latest weather events around the world here; https://www.theguardian.com/environment/2023/jul/03/a-perfect-storm-scientists-ponder-if-climate-has-entered-a-new-erratic-era?CMP=share_btn_tw

7. https://www.edp24.co.uk/news/23625379.fears-norfolk-miss-millions-a47-dualling/

8. https://actions.goodlawproject.org/net_zero_2?utm_source=NB&utm_campaign=NetZeroII&utm_medium=Email&utm_term=CFDonate

9. https://www.theguardian.com/environment/2023/jul/07/un-climate-change-hottest-week-world

Thank you to everyone who has supported these vital legal cases all the way to Court - https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/.  

Please continue to contribute to the legal fund if you possibly can. It continues to grow from your generosity but is still short of the costs of the superb legal team (see my update 13 reporting on the days in Court!).

These cases, and others against individual schemes, have pushed the climate impacts of road building up the agenda.  And just today, we heard that the Government’s climate advisors – the Climate Change Committee (CCC) - are likely to recommend ending the UK road-building programme in a report next week.  The CCC chair, Lord Deben, is reported by the Guardian as saying at a Glastonbury festival climate event “new roads inevitably increased traffic and emissions”, as clipped below. 

It is good news to hear it from the Government’s most senior climate advisor, and I hope that the CCC report on Wednesday will carry the same strong message to Government.

Even so, this Government often blatantly ignores advice from the CCC, and we can expect it to do so if the CCC advises stopping the road program.  So my legal cases are crucial to ensure that proper carbon accounting is reflected in law, so that the devastating impacts of increases in traffic and emissions from new roads are clear to planning inspectors while we wait for a future Government to get serious about Climate Change.    So please support the costs of the superb legal team if you can at https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/.

 Thank you

Thank you to everyone who has supported my cases.  Mrs Justice Thornton heard the cases at the High Court on May 10^th and 11^th, and here is an update.

First of all, my legal team led by David Wolfe, Kings Counsel, made an absolutely superb case, and laid out why the law requires cumulative environmental assessment, and how it clearly was not done for carbon emissions for each of the three A47 schemes (including with the proposed Norwich Western link road) close to Norwich.  I was interviewed on Radio Norfolk on the morning of the first day, and this interview is worth listening to as it explains the details simply. 

However, it was astounding that in their case Government lawyers tried to uproot the principle established in case law that projects need to have cumulative environmental assessment when they are separate but related projects, as the schemes in these cases plainly are.  The Government tried to argue it all ways – first claiming that cumulative assessments had been done when, of course, they had not been.  And then claiming that such assessments would be optional - down to discretion - anyway.   As David Wolfe, KC said to the Court if these submissions from the Government were to be accepted then, in the future, it would completely undermine the assessment of cumulative impacts generally across the whole planning system – for all sizes and types of project, and not just for carbon emissions but all environmental issues such noise, biodiversity and air pollution.

As the Government try to scrap environmental law with the Retained EU Bill, my cases are now key to keeping cumulative environmental assessment as a vital part of the planning system.

The legal fund is still short of the money needed to pay the legal fees so far.  Through your great generosity, the fund is around two thirds of where it needs to be, so I have another £25,000 to raise to reach the £75,000 target.  Please donate more money to the legal fund if you possibly can.   Every donation helps defend cumulative environmental assessment from being scrapped as the Government apprears to want to do.  

https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

Just a quick update on the eve of tomorrow's Hearings on the cases.  The Court has just informed us that the Hearings will be in Court 19 at the High Court RCJ- Google Map. The Judge is Mrs Justice Thornton. 

I wish to thank everyone for the support so far.  These cases have brought many people together - over 1000 people have donated on this site - thank you.  We still have more to raise, and please donate (and donate again) if you are able to do so. 

If you wish to join us at the Court, there will be a gathering at 0930, Wednesday May 10th outside the Royal Courts of Justice, The Strand - map in link above.  If you wish to go into the Court for the hearing, please let me know of andrewboswell AT fastmail DOT co DOT uk just so I have an idea of numbers.  

If you wish to read my lawyer's skeleton arguments, please click here Skeleton

Huge thanks, all the best, Andrew

My legal cases on transport carbon emissions go to the High Court NEXT WEEK.

Thank you for supporting these cases, and for the many donations made by well over 1000 people now.  I still need to raise further funds for the legal fund, so please donate again if you can (Link).  Thank you.

Do join us outside Royal Courts of Justice on Wednesday May10th at 0930 for a gathering before the hearings.  The RCJ are in the Strand (Map).  I am hoping that you may be able to come inside if you want to hear the court proceedings too.  Please contact me on Andrew DOT boswell AT fastmail DOT co DOT uk if you would like to do so, so I have an idea of numbers.

One update is that very recently National Highways produced a bat licence.  This is what the company had been unable to provide before the approval decision for the scheme last summer despite the presence of rare bats including barbastelles.  Whilst my legal team had prepared very strong arguments around whether the decision to approve a road such as the A47 Tuddenham scheme could ever be lawful in the absence of a bat licence, we have not be able take these legal arguments forward to the Court on this occasion.  This is disappointing as the arguments were general and would have helped with other similar development cases. Clearly, National Highways realised this in producing the required licence at the last minute to avoid the issues reaching the Court. 

Just a reminder that the cases relate to four large road schemes (three A47 schemes) around Norwich as in the map below, and include areas of high biodiversity, and the Wensum and Tud chalk stream rivers.

A very quick update here to share this recording of BBC Politics East where I speak on the legal cases.  As the Conservative MP Duncan Baker says in the interview toward the end of the clip "these are sensible cases" to require environmental assessment to be properly done.  

I am very grateful for all the support so far and my lawyers and I are preparing in the final submissions before we go to the High court on May 10th.  

Please share widely and donate to the legal fund if you can 👉 https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

If you wish to go to the High Court on May 10th, please let me know on [email protected]

(By the way, the article has got the headline figure wrong - it is a massive 130MtCO2 as I explained last week - I am trying to get article corrected).

Last week, the scale of the deception around UK road transport emissions became starkly clear.  My legal cases are all about challenging this deception and putting an end to it.  I am so, so grateful for all the contributions which you have already made and as my legal team move towards the Court hearing in just five weeks time, I ask you again that you give whatever support you can.  Many, many thanks.  

Sorry longer than usual, but I need to get a bit technical in this week’s update to explain why road transport emissions are literally trashing the UK's climate commitments under the Paris agreement.  Nearly 3000 pages across 45 documents, before lots of numbers in lots of spreadsheets, were released by the Government on March 30^th -  in response to last year’s successful legal challenge against the Net Zero Strategy.  However, just the couple of extracts below show the extent of the issues with transport emissions – the sector already responsible for over one quarter of UK carbon emissions.  

Government technocrats got the baseline emissions for transport badly wrong in the NZS.  The only sector with significant changes in the new Carbon Budget Delivery Plan (CBDP) which seeks to meet the requirements of last summer’s legal judgement is transport, see this extract from the Powering Up Britain Technical Annex:

This shows that for the 15 years of the 4^th, 5^th and 6^th carbon budgets (2023-2037), a massive 130 million of tonnes of CO2 has been added to the baseline – meaning that ambition for reducing emissions in the transport sector has had to be scaled down (see this tweet from the Chief Executive of the Climate Change Committee).   

130 million tonnes of CO2 is a very large miscalculation.  The amount of carbon is around the total annual economy carbon footprint of Nigeria (or the Phillipines, or the Netherlands) in 2020.

What does this huge change to the figures mean for UK Climate targets?  The CDBP explains the impact on the UK’s National Determined Contribution – our pledge to reduce emissions by 68% (from 1990 levels) by 2030 made at the Glasgow COP.  This promise is no longer possible to meet according to the CBDP:

What is striking is that the CBDP is short of around 8 million tonnes of CO2 emission reductions in 2030 which is less than the baseline adjustment for transport in that year of 9 million tonnes.  So the entire shortfall for our international obligation comes from the transport sector miscalculation.

Transport campaigners have said for decades that if transport emissions are not dealt with by serious policy, then other sectors will have to make deeper cuts to compensate.  Now we see that happening clearly.  Virtually all emissions reduction policy for transport is based around electric vehicles and increasing biofuels.  This is a prescription for failure as serious demand reduction and model shift is required too, but not happening (instead we see further devastation of public transport year on year), and EVs won't deliver a significant contribution in time to help with the 2030 and 2035 climate targets.

To meet our NDC under Paris, other sectors now have to find 8 million tonnes of emission cuts, originally promised by the transport sector, or we fail the international community.

What’s more, under the Paris agreement, the UK is expected to submit a new NDC in 2025.  How can the UK submit a more ambitious NDC when it can’t even meet the existing pledge?  Serious work in transport decarbonisation is needed now, this decade, to be able to submit a stronger NDC in 2025.  

Angry?  Despite, this utter failure, the UK Government continue to expand the roads programme which adds new emissions from construction and operation of faster roads carrying more traffic.  Only legal cases like mine can start to turn this around by requiring proper carbon assessment.  Please support the cases.    

 https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

You are reading this because you know how important protecting our children's future is.  You may have already supported the cases -  a big Thank You if you have. These cases could change how road schemes are assessed for carbon emissions and protected species, and we are now just six weeks from the full High Court hearing.  

Turning around Government policy and practice is never more important after the IPCC report last week.  I've been reading the summary report and this graphic really moved me.  And it shows why climate litigation cases like these are so important.  Considerable warming is locked in even on the "very low" scenario, but the Government's policies are currently headed much more into the very dark red/purple area.  (see more)  

We have to rapidly bend the emissions curve down: that is why we have to start by not adding new unnecessary emissions from building unneeded roads.  Let's stop road building which wrecks nature and climate! 

My lawyers are working on the final arguments for Court, and I still have to raise more funds for their legal costs. Please continue to share this fundraiser link widely  Stop road building that wrecks the climate and nature (A47BNB/Norfolk) (crowdjustice.com) and please donate again if you can. I am very grateful for anything you can do to support these vital cases.  Huge thanks for all you have done already!

Andrew

PS: Some other things to share

• This facebook link on how far off the Government are with their net zero plans
• This tweet thread on the barbastelle bats or this tweet thread on the carbon aspects

The IPCC has just published a "final warning" report, called by UN chief Antonio Guterres a "survival guide for humanity". 

The message cannot be clearer - Govts in rich nations must step up for the Climate now.  

Our work to get genuine climate action from our UK Govt starts here.  Thank you for your support for my legal cases for honest carbon assessment of road schemes.  I am thinking of the dire warnings of the IPCC report, as I write to ask for your help again.  

My lawyers will be Court for two days in May.  £75000 is needed to fund these cases, and to help this happen, please pledge again if you can, and even consider making a monthly or fortnightly pledge for the next crucial months.  Please consider also  

• Share this facebook post on how badly the Govt is off track with its Net Zero Strategy with the transport sector being the worst
• Retweet this tweet - also on the "Net Zero gap" in transport
• Emailing five of your friends to asking them to support these cases too
• Do say that you have pledged to encourage others!  

We know that until Govts are honest about how carbon emissions are assessed and accounted, they cannot make the real policy changes necessary.  Litigation via these legal cases is an effective tool to transform road policy.  Roads are effectively greenwashed through the planning system with the real climate and nature impacts being underestimated.   Here is a chart from last week's Green Alliance's Net Zero Policy tracker - transport in the biggest emissions sector, yet has least committed policy.

Thank you for your support! 

My cases go to the High Court on May 10^th and 11^th, now just 10 weeks away, and my lawyers are busy drafting their skeleton arguments for the Court.  More funds are needed to support their vital expert work, so please donate if you can. 

This week’s update follows Mark Harper, Secretary of State for Transport announcing delays to several large road schemes in the second roads programme (RIS2) yesterday.    Whilst road campaigners have widely welcomed this, the decision was made solely on economic grounds – what Mr Harper called “headwinds”: inflation, the Ukraine war, and supply chain disruption.   

Like so much with this Government, the elephant in the room – the Climate Emergency - was ignored.  Mr Harper should have been thinking of the catastrophic impact on the climate that these schemes would have.  If he had, he would have cancelled them completely.  

The Government are acting in denial - as if they had never introduced the UK net-zero legislation.  They deny that carbon generating road schemes damage the climate and even claim that they don't impede delivering net-zero.  This is a false claim possible only because of the sneaky assessments of carbon emissions for road projects which systematically underestimate the climate impacts, and which I am legally challenging.    

For example, in my legal cases, four new big roads are planned close to Norwich which will dramatically increase carbon emissions, but the climate impacts have been deliberately underestimated for planning by considering each scheme in isolation.  As in this Guardian article, “You’ve got an ideal situation here where you should do a cumulative [carbon] assessment … but they have gone to every length to salami-slice it and look at each scheme’s emissions separately.”

My cases show this breaches the law, and it is happening on every scheme in planning in the UK, so the cases supported by this crowdfunder are of national importance: if successful, they would put an end to this deliberate downplaying of the impact of road building on climate change.

Our atmosphere is already overloaded with carbon emissions. We simply cannot afford any additional emissions if we are to avoid ever-increasing climate change impacts such as the heatwaves and wildfires experienced last summer, and on-going droughts affecting food production. This means the carbon emissions from each new road scheme must be properly assessed, and please donate to my cases to help make this happen.

Let's not allow the burning of our world to continue through bad decisons.  Thank you

The High Court hearing on the three A47 cases to protect the climate and nature from road building is now very close.  Although the Court set dates of May 10th and 11th, National Highways recently have applied for a Court order for an earlier date. 

This could make it harder for my legal team, but my lawyers are working flat out to ensure we are ready to do everything we can to win this case whenever the hearing is held.   Preparing the final arguments for the cases is incurring considerable costs, and please donate whatever you can today to help see these cases succeed in the High Court.  

My previous updates have largely been on how these cases highlight that the assessment of carbon emissions for new roads is deeply flawed, allowing schemes impacting the delivery of the UK climate targets to get nodded through.  In the Climate and Nature emergency,  has got to stop ... now ... and thank you for your support in getting the cases to this point on carbon.

However, did you know that we also have a legal ground about whether decisions on such large infrastructure projects are protecting rare species and complying with the Habitats Regulations as they should?   This is because the Secretary of State also nodded through the A47 North Tuddenham to Easton scheme in the absence clear evidience that it would not severely impact the rare barbastelle bat (see note at end for more on these bats).  

This is what the Secretary of State said when approving the scheme in August 2022:

However, Natural England has said the scheme did not satisfy the vital Favourable Conservation Status test in December 2021.

And then, when asked days before the decision if they could say that there were no impediments to a bats licence being issued to allow construction of the scheme, Natural England said the following:

Despite this, the decision to nod the scheme through was made.  I believe that this is unlawful and breaches law for planning decisions on large infrastructure to comply with the Habitats Regulations.  Please donate whatever you can today to help my lawyers get this decision turned over in the High Court.

Notes of barbastelle bats:

The barbastelle bat is on the red list of endangered species and is listed as near threatened. Little is known about this bat and there are few sightings of it. Its range is limited to Southern and Central England and Wales and there are an estimated 5000 individuals.  Read more here 

The bats in my case above, at risk from the A47 road, are from the same super-colony of barbastelle bats threatened by the close-by close by Norwich Western Link road.

My A47 cases are heading for the High Court in May.  Thank you to all of you who have supported these vital cases for climate and nature.  My lawyers are carefully reviewing the responses from the Government, and I need to more than double the funds raised so far for the cases.  I recently updated the target to £50,000 to reflect the current funding needs, although more than that is needed overall.  

This update has a couple of pieces of related good news below.  Please give what you can to help these cases succeed and change how the Government appraises road schemes for climate and nature.   

Here are the good news items ... 

First, the Welsh Government made the landmark announcement today that dozens of roads projects are to be scrapped following a series of tough tests on their impact on climate change.  Read more here: Welsh road building projects stopped after failing climate review.  The UK Government lags massively behind the clear thinking of the Welsh Government which has placed the climate and ecological emergency at the heart of decision making.  However, if successful, my cases will require the UK Government to consider climate change properly in their decisions too. 

Second, last month after months of prevarication the DfT finally responded to an Freedom of Information request from Prof Greg Marsden for the calculations underpining the Government Transport Decarbonisation Plan (TDP).  Prof Marsdem has published some thoughts on his initial analysis here:  The route to Net Zero: DfT assumptions look well off course.

All last year when I was giving evidence to the planning examinations on various road schemes, the incredible claim being made by road promoters was that the TDP would deliver all the necessary carbon savings to meet net zero.  Or in other words ... we can continue to build roads and the TDP will sort out the carbon.  The graph below has become known as the "fuzzy" graph, and road promoters were saying because the glossy TDP policy document exists with this graph that ... hey presto ... the road system would switch from the blue to green paths.   

From this FoI response, we now can be sure that there is no inevitable success for the TDP,  and that the UK is already so off track on Transport Behavioural Factors and roll-out of electric vehicles, that the TDP is at a very high risk of not delivering the first stage to 2035.  As Prof Marsden's article says "We are already behind the game and the implications of a past decade of inaction means the Carbon chickens have well and truly come home to roost." 

These examples show we are winning in making the case for proper carbon appraisal. Please help my cases win too, and give what you can to help.  

Thank you, Andrew

The cases for the three Norfolk A47 schemes will be joined into one case for the High Court, and grounds on both 1) no cumulative assessment of the climate impacts of the carbon assessment**  and 2) that the bat licencing relating to the Norfolk super-colony of barbastelle bats was not done correctly will now be heard in the High Court.

** Last week, we had the carbon deception of the Govt ploughing ahead with the Cumbria coal mine.  Carbon deceptions happen daily in the way these road schemes are assessed, smaller but they add up: only a relatively small figure of carbon just for the scheme, calculated in isolation, is compared against the whole national carbon budget.  

My cases seek to make it very clear in law that road schemes need to be assessed cumulatively. This is vital to tackling climate change and getting the Government to take the right actions for decarbonisation of transport.     

This crowdfunder at https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/ supports all three cases.  

I am very grateful for your continuing support.  

Many thanks, Andrew

REMINDER OF THE THREE SCHEMES, THREE CASES

Consider this example, this case.  Currently four road schemes are being brought forward close to Norwich, each increasing traffic and emissions

However each scheme has been put through planning in isolation, assessing only its environmental impacts.  The total impact is never considered.

I now have legal challenges against three of these schemes in the High Court saying they should all be assessed together.  Considering them in isolation is unlawful. 

The legal cases are building momentum and we are due to go to Court in the next month to get permission for the full Judicial Review hearing across all three schemes (ie treating them as one case).

Please help me fund this case at this critical point, help me get the case all the way to the High Court.

Please back the legal case to  here👉https://www.crowdjustice.com/case/stop-road-building-wrecking-climate-nature/

Let's stop this deception which is trashing our climate.

Please forward and share, Andrew 🙏🙏