Elliott-Smith v. Secretary of State for Business, Energy and Industrial Strategy et al.

Summary:

In December 2020, Georgia Elliott-Smith, a waste industry expert and environmental consultant, won permission to challenge two aspects of the UK Emissions Trading Scheme (UK ETS), which will replace the EU Emissions Trading Scheme in January 2021. Elliott-Smith alleges that the total emissions cap is too high to meet short and medium-term obligations under the Paris Agreement, and that the emissions cap unlawfully omits municipal waste incinerator emissions. She further alleges that the Climate Change Act of 2008 sets the purpose of the UK ETS as reducing emissions, whereas the government set the emissions cap for the improper purpose of easing the UK's exit from the EU.

Case documents will be added as they become available.

At Issue: Whether the UK Emissions Trading Scheme sets an improperly high emissions cap and unlawfully excludes incinerator emissions