Environmental think tank and charity Green Alliance (1) is, for the first time in its 45 year history, seeking permission to intervene in a legal case relating to housing energy efficiency standards (2) which will set a precedent in how the government takes account of environmental issues in its policies in future (3).

After Brexit, the UK government set up a new national environmental governance system in England to replace EU processes and oversight. This includes a duty on UK government ministers to apply environmental principles when they develop, revise or repeal policies.

This was meant to ensure that environmental matters are considered upfront and with substance, rigour and an open mind in government policy making.

This case is the first serious examination by the judiciary of this important environmental duty and will set an important precedent. Through its intervention, Green Alliance aims to provide evidence and insight from its own involvement in how the duty was conceived, formulated and implemented, to assist the Court of Appeal’s consideration.

The independent statutory oversight body, the Office for Environmental Protection, is also seeking to intervene in this appeal as it wishes to see the duty interpreted in a way that supports sound, environmentally aware policy making.

Green Alliance senior fellow Ruth Chambers said:

“This is the first time Green Alliance has sought to intervene in a legal case in its 45 year history. We are doing this because the judgment from the High Court has cast doubt on how the duty to take account of environmental principles should work. Given its foundational nature, it is essential that this duty is always applied consistently and properly, or it risks undermining important UK environmental protections.”

Notes to editors

1. Green Alliance is an independent think tank and charity focused on ambitious leadership for the environment. It was founded in 1979.
2. Full reference for case in the High Court R (on the application of Rights Community Action Ltd) (Applicant) v Secretary of State for Housing, Communities and Local Government (Respondent) [2024] EWHC 1693 (Admin). The case relates to the setting of housing energy efficiency standards by local authorities, but Green Alliance’s intervention is focused solely on the duty on environmental principles.
3. The duty on government ministers to have due regard to the Environmental Principles Policy Statement when making policy is set out in section 19 of the Environment Act 2021.
4. The Court of Appeal will now consider whether it agrees to hear the appeal and, if so, whether it grants permission for Green Alliance to intervene.