What does "limit CO2 emissions" mean? Legal definition required

by Georgia Elliott-Smith

What does "limit CO2 emissions" mean? Legal definition required

by Georgia Elliott-Smith
Georgia Elliott-Smith
Case Owner
Hi, I'm Georgia, an environmental engineer, business-owner and mum-of-two from Enfield. I've been a climate activist since 2019, but I'm still fun (honest).
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on 20th August 2021
£18,805
pledged of £20,000 stretch target from 693 pledges
Georgia Elliott-Smith
Case Owner
Hi, I'm Georgia, an environmental engineer, business-owner and mum-of-two from Enfield. I've been a climate activist since 2019, but I'm still fun (honest).

Latest: Oct. 13, 2021

Permission hearing tomorrow!

Out of the blue, we've been informed that we have a hearing in the Royal Courts of Justice this Thursday 14th Oct. This is to discuss the key points with a judge and get permission to proceed to …

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The UK government is using wordplay to wriggle out of urgent climate action.

The Climate Change Act 2008 requires the government to "limit" greenhouse gas emissions, but in my recent High Court case, lawyers defending the Secretary of State for BEIS (Alok Sharma at that time - now president of COP26) claimed that he was entitled to put in place any emissions limit, even one that was far higher than current business-as-usual levels. 

In the case of the new UK emissions trading scheme, the limit they put in place was 17% higher than current industry emissions - greater than any previously recorded UK emissions - enabling an increase of around 27 million tons of CO2 this year alone. Although the cap will be reduced annually, it will take nine years before it reaches today's business-as-usual levels, removing any impetus for industry to invest in decarbonisation for almost a decade.

What is the definition of a limit?

They claim that the word "limit" does not require them to hold CO2 emissions at any level or reduce them at all, let alone by the maximum possible extent.

I believe this is nonsense - that, in the spirit of the Climate Change Act, limit must mean preventing an increase as an absolute minimum.

Therefore, I am bringing this appeal to seek a legal definition of the term limit in the context of the Climate Change Act.

This will signal to the government that all climate policy, not just the ETS, must have at its heart an ambition to prevent an increase in CO2 emissions as an absolute minimum. 

In the run-up to COP26, it is vital to show the UK government that weasel words will not do. We want urgent and meaningful action to prevent run-away climate change.

Next steps

We have already filed papers in the Court of Appeal and notified the government of our challenge. We are now waiting for a hearing date.

My incredible legal team consists of Rowan Smith at Leigh Day, Ben Mitchell of 11 KBW, and David Wolfe QC of Matrix Chambers. These superheroes have worked so hard to reach this point and I have absolute faith that we'll triumph!

I need to raise £15k to bring this appeal and really need your help to get there. Please share this campaign far and wide and consider supporting with a few quid if you can.

Thank you!

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Update 2

Georgia Elliott-Smith

Oct. 13, 2021

Permission hearing tomorrow!

Out of the blue, we've been informed that we have a hearing in the Royal Courts of Justice this Thursday 14th Oct. This is to discuss the key points with a judge and get permission to proceed to a full hearing.


Every step of this journey has been nerve-wracking. At any point, a judge can sink our case with a word. It's exhausting. But if this permission hearing goes as well as the one before our High Court hearing, then I'll be over the moon.


With the government about to announce their net zero strategy in advance of COP26, this hearing couldn't be more timely. A positive decision tomorrow will send a strong message that they cannot keep dodging meaningful action.


As always, thank you so much for your support. Keep your fingers crossed for us - I'll update you as soon as I get the decision.

Update 1

Georgia Elliott-Smith

Aug. 27, 2021

How we got here...

Some of my backers have asked for the background to this appeal. For the full history, follow this link and go to the updates page: Make incineration polluters pay (crowdjustice.com) Happy reading!

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