Wildlife charities threaten judicial review amid claims Government failed to review "largely off track" environmental improvement plan
The Secretary of State for Environment, Food and Rural Affairs is facing a judicial review challenge after failing to launch a review of the Government's Environmental Improvement Plan (EIP) in the wake of a damning report from the Office for Environmental Protection (OEP).
Wildlife and Countryside Link, a coalition of more than 80 charities, including the Wildlife Trust, WWF UK and the RSPB, are bringing the legal challenge on grounds that argue a breach of the Environment Act 2021.
The 2021 Act sets out a series of legally binding targets for the Government, which include halting the decline in species abundance by 2030 and ensuring that species abundance in 2042 is greater than in 2022 and at least 10% greater than in 2030.
Under the 2021 Act, the Secretary of State has an ongoing legal duty to review the Environmental Improvement Plan.
The claimants argue the Government should have conducted a review following a report from the OEP, which found it "remains largely off track to meet its environmental ambitions and must speed up and scale up its efforts in order to achieve them".
In failing to consider a review of its plan in the wake of the OEP's report, published in January 2024, the Secretary of State has breached their legal duties, the pre-action protocol letter asserts.
The groups submitted their pre-action protocol letter ahead of the announcement that there would be a general election in July.
A spokesperson for the groups said that, despite the election, they will still await the Government's response to the letter and decide whether to progress the challenge "on the basis of the response and any relevant decisions made by an incoming government".
Richard Benwell, CEO of Wildlife and Countryside Link, said: “In the Environment Act, the previous Government established a groundbreaking legal framework for nature recovery, and it is positive to see politicians of all stripes pledge to halt wildlife decline. Yet time after time, environmental targets are missed.
“The Office for Environmental Protection says that once again delivery is falling short. It’s time for the culture of non-compliance with environmental law to end. When plans to restore biodiversity and stop pollution aren’t delivering, we can’t afford to stand by. Environmental charities are ready to take legal action where any Government falls short of its own promises for nature.”
The Department for Environment, Food and Rural Affairs said it was unable to comment on the possible legal action.
Adam Carey
