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Roads litigation over climate impact heart by High Court




The High Court in London is to hear climate litigation cases on the UK roads programme.

The claimant, retired scientist Dr Andrew Boswell, is challenging the UK government right to allow large road schemes to go ahead without cumulative assessment of carbon emissions. Litigation relating to road-building projects in Norfolk goes to the High Court on Wednesday 10th May and Thursday 11th May.

The cases involve four road schemes proposed to be built around Norwich in the next few years. There are three cases before the court relating to National Highways’ dualling of the A47. The fourth scheme is Norwich Western Link (NWL) promoted by Norfolk County Council. Dr Boswell, an environmental scientist and former councillor on both Norfolk County and Norwich City councils, asserts that each road scheme was approved without considering the carbon emissions from all of the schemes cumulatively.

If these roads go ahead in Norfolk, they will induce further traffic and carbon emissions, he says, which is counter to the government’s net zero strategy.

Dr Boswell said: “The Department for Transport has recently had to admit that it previously made a huge miscalculation of carbon emissions from the UK road network, meaning the emissions from existing UK road traffic alone are enough to derail the UK carbon budgets and net zero goals. This is a key factor why the government’s net zero strategy is in tatters and under threat of further legal action.

“My cases show the government approved each scheme without properly estimating and assessing their cumulative carbon emissions. The cases are very timely coming at a time when the government has not properly risk assessed its net zero policy, nor demonstrated that it has a secure pathway for delivering the UK’s vital carbon budgets and targets. If the cases succeed, all road schemes will have to be assessed for their cumulative impact on climate change. It is extremely unlikely that any new roads can contribute to UK climate policy and targets as the risks to delivering Net Zero becoming clearer by the day.”

Rebecca Lush, roads and climate campaigner for Transport Action Network, said: “Dr Boswell’s cases are extremely important, as they expose the Department for Transport’s cavalier attitude towards reducing carbon emissions from road transport. Just as the government has admitted its climate policies are not enough to meet our legally determined climate targets, it is meanwhile approving road schemes that expensively take us rapidly in the wrong direction to tackle climate change. Dr Boswell is to be commended for bravely challenging this hypocrisy in the courts.”

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