Nature coalition Wildlife & Countryside Link (WCL) has taken the first step towards a challenge in court over why the government has not fulfilled its legal duties under the Environment Act: to halt the decline of wildlife by 2030, and meet further targets on water quality, biodiversity, air pollution, and waste reduction for 2042.
The Office for Environmental Protection (OEP) has warned that nature action is largely off-track, but the government has not considered whether to strengthen its Environmental Improvement Plan in light of the OEP’s findings.
Ahead of the announcement of a general election, WCL sent a pre-action protocol letter, which obliges the government to explain how it thinks it is fulfilling its legal obligations. Responsibility for updating the plan and meeting the target will now transfer to the next administration.
WCL is represented by Leigh Day environment team solicitor Ricardo Gama, who said: “The government set ambitious targets for itself in the Environment Act 2021, as well as setting up an independent regulator, the OEP, to monitor whether it is on track to meet those targets. The OEP’s most recent assessment is bleak, finding that the government is ‘largely off track’ to meet the targets that it set for itself. Link are rightly asking the government how it can carry on with a business as usual approach and still meet its targets in light of the OEP’s findings. A pre-action letter has been sent asking that question. If the government don’t give a satisfactory response then Link will consider issuing a claim for judicial review in the High Court.”
The charities have now also written to all political party leaders, saying that the next government will be in breach of the law if it does not halt the decline of nature by 2030. In the letters, the charities say that the main parties have so far failed to set out credible plans.
They have called on each party to set out how they would halt wildlife decline by 2030 and are hosting a hustings at Chester Zoo on 17 June for the environmental representatives of the five largest parties. Details of how to watch on YouTube can be found here: https://www.wildlifetrusts.org/news/main-parties-go-head-head-plans-recover-nature-and-tackle-climate-crisis-major-hustings-event
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