Decision to build new power station despite miscalculation to be heard by High Court
The High Court has agreed to hear a judicial review challenge against the Secretary of State for Energy Security and Net Zero's decision to greenlight a carbon capture gas power station in Teesside.
Development consent was granted to the project, named NZT Power, in February 2024 by the then Secretary of State.
The project aims to be one of the world's first commercial-scale gas-fired power stations with carbon capture.
The claimant's grounds centre on a forensic review he undertook of the project, which suggested that the company behind the power station mistakenly subtracted the amount of carbon dioxide set to be captured by the complex twice.
The Secretary of State later accepted the claimant's analysis, but continued to back the project.
The claimant, Dr Andrew Boswell, argues the double counting error meant that the power station was incorrectly said to capture around a third more carbon emissions than it would actually emit.
His review also suggested that the developer initially failed to consider emissions associated with the supply and transportation of gas to and from the development, known as upstream emissions, when making its calculations.
Leigh Day Solicitors are representing Dr Boswell.
Commenting on the challenge when the application for judicial review was submitted in May, Rowan Smith, of Leigh Day, said: "Analysis from our client shows that the operational emissions of the power plant will hinder rather than help the delivery the Government's net zero commitment and decarbonisation of the power sector.
"Despite this, the Government has still gone ahead with its decision to grant a development consent order for the project. When presented with these arguments and revised carbon emissions calculations, we hope that the Court will accept the judicial review and allow the case to progress."
Net Zero Teesside Power and Northern Endurance Partnership said they do not comment on legal proceedings.
The Secretary of State for Energy Security and Net Zero has been approached for comment.
Adam Carey
