Legal challenge over 'net zero' power plant fails

The legal challenge was opposed at a two-day hearing in London

An environmental consultant has lost a High Court challenge against the former government's approval of a new gas power station in Teesside.

Dr Andrew Boswell took legal action over the granting of development consent for the Net Zero Teesside Project by the Tory government in February.

He alleged the Department for Energy Security and Net Zero (DESNZ) had failed to "adequately" explain how the power plant would help deliver the government's net zero goal.

In a written ruling on Wednesday, Mrs Justice Lieven dismissed his case, concluding there was "no logical flaw in the reasoning" set out by ministers.

Last month, Mr Boswell's lawyers argued that ministers had not given "legally adequate reasons" for backing the project, despite recognising its emissions would have "significant adverse effects".

The department opposed the legal challenge at a two-day hearing in London, arguing the project, at the Teesworks site, near Redcar, was a "necessary" part of the country's decarbonising plan.

Developer Net Zero Teesside Power, a joint venture between energy firms BP and Equinor, claimed up to two million tonnes of carbon dioxide a year would be captured and transported to storage sites under the North Sea, as part of the project.

'Counting error'

Catherine Dobson, for Mr Boswell, said in written arguments the consultant had exposed "a large double-counting error" over the calculations of the greenhouse gases the station may emit.

She said the final assessment, that it may contribute more than 20 million tonnes of "carbon dioxide equivalent" into the atmosphere over its lifetime, was "significantly greater" than previous calculations.

The barrister argued there was "a demonstrable flaw in the reasoning" which led to the development consent decision and the past government took an unlawful approach when assessing the need for the project.

Rose Grogan, representing the DESNZ, said in written arguments the consent decision contained lawful and "adequate" reasons.

Hereward Phillpot KC, for Net Zero Teesside Power Limited and Net Zero North Sea Storage Limited, said in written arguments the "first-of-a-kind" project was part of efforts to decarbonise "nearly 50% of the UK's total industrial cluster emissions".

Mrs Justice Lieven said Mr Boswell was "wilfully choosing to ignore what is said in national policy about the net zero trajectory and the need for CCS/CCUS".

The judge added it was "entirely clear" why the scheme had been backed, despite the level of emissions.

She said: "He is seeking to use this case as a method of challenging the policy support for the scheme by trying to find an inconsistency in the secretary of state's analysis where none actually exists."