- Images of Friends of the Earth and co-claimants outside the High Court in July are available for download. More photos/ footage below.1
- Read Friends the Earth's legal briefing on the judgment.
Lawyers for Friends of the Earth and the 2 co-claimants are considering an appeal after the High Court ruled today that the government’s climate adaptation plan is lawful.
Today’s ruling follows a legal challenge brought in July this year2 by Friends of the Earth and 2 people whose lives are already severely impacted by the climate crisis:
- Disability activist Doug Paulley, who has a number of health conditions which are being exacerbated by searing summer temperatures. He's concerned that the current NAP fails to consider the needs of disabled people – particularly in places such as care homes – putting him and others at risk.
- Kevin Jordan, whose home in Hemsby, Norfolk was demolished shortly before Christmas 2023 after coastal erosion fuelled by sea level rise and severe storms caused by climate change left it in severe danger of falling into the sea.
Friends of the Earth and the co-claimants argued that the current National Adaptation Programme (NAP)3, introduced by the previous government in July 2023, falls far short of what's legally required, with marginalised groups – such as older and disabled people – and those living in areas most exposed to rising global temperatures, disproportionately affected by the impacts of extreme weather and a deficient national adaptation programme.
Lawyers acting for Friends of the Earth and the 2 co-claimants had argued that the adaptation plan was unlawful on 4 counts because:
- It breached the Climate Change Act by failing to set out lawful adaptation objectives.
- It failed to assess and include the risks to delivery of the plans and policies it included.
- It failed to lawfully assess impacts on protected groups under equality law.
- It breached the human rights of the 2 individual claimants due to the lack of effective provision for human rights and the specific risks they faced on heat and coastal erosion.
Although the judge dismissed all 4 grounds, he accepted that ministers breached equality law by failing to consider the unequal aspects of the plan. This was only rectified in response to our challenge. Friends of the Earth believes it shouldn't take legal action to get the government to discharge its legal duties.
Many thousands of people in the UK are at risk from the climate crisis.
As well as considering an appeal, Friends of the Earth is calling on the new Labour government to agree that the National Adaptation Programme is inadequate and to amend it along the lines of recommendations from the Climate Change Committee (CCC), its independent climate advisor.4
Earlier this year the CCC5 called on ministers to "strengthen" the NAP, having previously warned that the current programme “falls far short of what is required. Evidence of the UK’s inadequate response to worsening climate impacts continues to mount”. Worryingly, it also highlighted that “only around 40% of the short-term actions to address urgent risks identified in the last Climate Change Risk Assessment are progressed”.
In its recent manifesto6, the new Labour government pledged to “improve resilience and preparation across central government, local authorities, local communities, and emergency services.” It also stated its view that the previous government had left the UK “badly exposed,” and the current national adaptation plan under challenge is at the heart of that criticism.
Friends of the Earth’s head of legal, Will Rundle, said:
“Friends of the Earth’s legal team will study the detail of this judgment before we decide whether to lodge an appeal.
“Regardless of this judgment the national adaptation programme is hopelessly inadequate and is failing us all.
“A robust and comprehensive adaptation plan is urgently needed to help protect us from increasingly severe storms, floods and heatwaves – particularly marginalised groups, such as older and disabled people, and those living in areas most at risk from climate change.
“Labour must deliver on its pre-election pledge to improve resilience and preparation by urgently drawing up and implementing a much tougher climate adaptation programme to prepare the UK for the enormous challenges a dangerously warming planet will bring – with those most affected involved in its planning.”
Doug Paulley said:
“This is extremely disappointing – yet again the government has got away with selling disabled people down the river.
“Climate breakdown threatens us all, but disabled people are disproportionally affected and are always amongst those who bear the brunt when disaster strikes.
“The lack of adequate protection in the government’s climate adaptation plan means more disabled people will suffer and die as the impacts of climate change accelerate.
“Despite this disappointing outcome, I am delighted to have been part of this amazing collaboration between environmentalists, disabled people and excellent lawyers in the continuing fight for a safer future.”
Kevin Jordan said:
“This is an extremely disappointing judgment.
“Without a tougher set of government policies to protect us, more people will face the horror of seeing their homes, lives and livelihoods threatened by the growing impacts of our rapidly changing climate.
“It's bad enough that communities like mine have already lost so much through the lack of foresight and planning for the foreseeable effects of climate breakdown. I don't want anyone else to endure what we've been through. But many undoubtedly will, unless the government strengthens its adaptation plans."
Leigh Day solicitor Julia Eriksen said:
“Our clients are very disappointed with the overall result and are considering an appeal. July 2024 was the hottest month since global records began, yet the UK remains unprepared to meet the challenges this presents to everyone, and particularly to vulnerable communities. The Climate Change Committee has made clear that the current adaptation programme falls short of what is needed, and our clients will continue to work together to push for urgent action to be taken.”
ENDS
For more information and interviews, contact the Friends of the Earth press office on 020 7566 1649 or email [email protected]
Notes to editors
1. Further footage and photos of the co-claimants is available.
2. High Court legal challenge to government’s climate adaptation plan.
3. Under the Climate Change Act 2008, the government of the day is required to produce and implement a National Adaptation Programme every 5 years, with the latest (NAP3) published in July 2023. The programme is required to set out the government’s climate adaptation objectives, along with its plans and policies for meeting them, to protect communities in the UK from the impacts of climate change, such as extreme heat, flooding and coastal erosion. Friends of the Earth argues the objectives were set unlawfully, in breach of the Climate Change Act, Equalities Act and Human Rights Act requirements.
4. Friends of the Earth is calling on the government to commit to introducing a robust and comprehensive NAP, aligned with CCC advice. The environmental justice organisation echoes the Committee’s call for urgent government action in 3 key areas:
- Governance: the government must make adaptation a top priority and ensure effective cross-government collaboration to ensure all departments are engaged with adaptation and recognise the challenges climate impacts pose across multiple sectors.
- Investment: adaptation funding must be increased to deal with the climate challenge we face. The CCC warns “NAP3 does not tackle effectively the barriers to investment, such as low perceived urgency of adaptation, lack of clear targets and the limited understanding of adaptation actions”.
- Monitoring: better monitoring and data collection are crucial for responding to the impacts of climate change. Progress must be capable of being effectively tracked. Without better information people can't assess the risks they're exposed to, and parliament can't hold the government to account.
Friends of the Earth is also calling for inclusive public engagement with a newly developed plan so that those most at risk can have a voice and comment on the proposals and their implications.
5. Planning for climate impacts falls short once again | CCC.
6. In its recent manifesto (Make Britain a clean energy superpower – The Labour Party ) Labour said: “Preparing for the future not only means tackling the climate and nature emergencies, but also adapting to the changes they will bring to our environment. Without action, flooding and coastal erosion will pose greater risks to lives, livelihoods and people’s wellbeing. The Conservatives’ poor risk management, and a disjointed approach across government and regulators have left Britain badly exposed.
“Labour will improve resilience and preparation across central government, local authorities, local communities, and emergency services. This includes formally working with all stakeholders in the Fire and Rescue services to inform policy and establish national standards.”
7. The Friends of the Earth legal team managing this case includes Will Rundle, Niall Toru and Gabhan O’Tighearnaigh. The claimants are represented by leading environmental barristers: David Wolfe KC of Matrix Chambers, Margherita Cornaglia of Doughty St and Nikolaus Grubeck of Monckton Chambers, and by Rowan Smith and Julia Eriksen at the law firm Leigh Day LLP.