R (on the application of Greenpeace Ltd) v. SOS for Trade and Industry [electronic resource]
R (on the application of Greenpeace Ltd) v. SOS for Trade and Industry [electronic resource]
- 2007
[2007] EWHC 311 (Admin), 15 February 2007. Greenpeace applied to quash a decision of the defendant secretary of state to support nuclear new build as part of the United Kingdom's future electricity generating mix. The Government had published a White Paper on the future of energy production in the UK that addressed the possible use of new nuclear power plants to produce electricity. The White Paper indicated that the Government was not minded to support new nuclear build and that there was to be "the fullest public consultation" before the Government reached any decision to change its policy. A review of the White Paper was then announced and a consultation was sought from all interested parties including the general public. A period of 12 weeks was given for the consultation. Having heard submissions from various parties including Greenpeace, the secretary of state announced that that he had decided to support nuclear new build as part of the UK's future electricity generating mix. As the consultation was an 'issues' paper and not a full public consultation, Greenpeace claimed that the Government had breached public expectation. "Held": The consultation process was very seriously flawed, procedurally unfair and a breach of Greenpeace's legitimate expectation that there would be the fullest consultation. As an Issues Paper the consultation document was satisfactory but as a consultation paper on an issue of such importance and complexity it was inadequate. A declaration was granted in favour of the applicant.
R (ON THE APPLICATION OF GREENPEACE LTD) V SOS TRADE & INDUSTRY
England--886-
[2007] EWHC 311 (Admin), 15 February 2007. Greenpeace applied to quash a decision of the defendant secretary of state to support nuclear new build as part of the United Kingdom's future electricity generating mix. The Government had published a White Paper on the future of energy production in the UK that addressed the possible use of new nuclear power plants to produce electricity. The White Paper indicated that the Government was not minded to support new nuclear build and that there was to be "the fullest public consultation" before the Government reached any decision to change its policy. A review of the White Paper was then announced and a consultation was sought from all interested parties including the general public. A period of 12 weeks was given for the consultation. Having heard submissions from various parties including Greenpeace, the secretary of state announced that that he had decided to support nuclear new build as part of the UK's future electricity generating mix. As the consultation was an 'issues' paper and not a full public consultation, Greenpeace claimed that the Government had breached public expectation. "Held": The consultation process was very seriously flawed, procedurally unfair and a breach of Greenpeace's legitimate expectation that there would be the fullest consultation. As an Issues Paper the consultation document was satisfactory but as a consultation paper on an issue of such importance and complexity it was inadequate. A declaration was granted in favour of the applicant.
R (ON THE APPLICATION OF GREENPEACE LTD) V SOS TRADE & INDUSTRY
England--886-