Government plan to use biomass in breach of Climate Change Act, charity argues
A charity is threatening the Government with a judicial review over its biomass strategy, arguing that the plan, which is part of the effort to cut greenhouse gas emissions, is in breach of the Climate Change Act 2008.
In a pre-action protocol letter sent to the Secretary of State for Energy Security and Net Zero, the Lifescape Project also claims that the decision to adopt the strategy was irrational and the consultation exercise was unfair.
Biomass is defined as any material of biological origin and is often combusted to produce energy. The Government has supported its use across the power, heat and transport sectors since the 2000s.
The Government’s 2023 strategy sets out a medium-term plan to further develop biomass uses in the power, heat and transport sectors to support the delivery of the Government’s next carbon budget.
It also sets out plans to deploy biomass energy with carbon capture and storage (BECCS) and notes that “biomass uses that can produce negative emissions (i.e., those that capture and store CO2) should be prioritised in the long term to support UK’s net zero target”.
However, Lifescape argues that in its assessment of biomass as a low-carbon fuel, the strategy does not take into account lifecycle biogenic CO2 emissions from manufacturing and combusting the biomass.
Lifescape points to research showing net emissions from forest biomass typically exceed emissions from fossil fuels per unit of energy, with impacts that last decades.
The letter before claim argues the strategy is unlawful under the 2008 Act and advances the following grounds:
- The Secretary of State acted irrationally by failing to conduct an adequate analysis of the extent to which the Government’s continued support for the combustion of biomass, including forest biomass, will achieve genuine reductions in carbon emissions or otherwise contribute to meeting carbon budgets and the Net Zero Target.
- Further or alternatively, such a failure breached the Secretary of State’s duty under section 13 of the Climate Change Act 2008 to have policies and proposals that will enable the carbon budgets to be met.
- The consultation exercise that preceded its publication was unfair, because the underlying scientific analysis relied upon was not disclosed to consultees, who were as a result deprived of the opportunity to comment.
Elsie Blackshaw-Crosby, Managing Lawyer at The Lifescape Project, said: “Burning wood for electricity and calling it ‘low carbon’ is a climate fallacy which detracts from genuine climate solutions while simultaneously destroying forest eco-systems in Canada, the US and Europe.
“The UK government needs to properly assess and reflect the actual impacts of burning forest biomass. Their current plans would cost billions of pounds of public money without getting us any closer to net zero.”
Leigh Day solicitor Rowan Smith said: “In adopting the Biomass Strategy, it is argued that the Secretary of State failed to properly assure herself that the combustion of biomass will actually deliver the carbon savings claimed. Lifescape says that, not only is biomass unfit to be considered a low carbon energy source, but it also encourages the destruction of forests around the world. Lifescape is urging the Government to drop the inclusion of forest biomass from its future energy plans and look to use other, genuinely renewable ways to generate power.”
The Department for Energy Security and Net Zero said it cannot comment on ongoing legal proceedings.
Adam Carey
