Heathrow to challenge third runway verdict using climate pledge

Heathrow will argue in the supreme court this week that its proposed third runway would only ever be built in accordance with Britain’s climate commitments, as it seeks to overturn a court of appeal verdict that stopped the airport’s expansion plans. A two-day hearing starts on Wednesday which could allow Heathrow to proceed once more with building an additional runway. The expansion plans were approved in principle by parliament in 2018, under Theresa May’s government. Legal action by climate campaigners initially failed to force a judicial review. However, in a landmark judgment, the court of appeal ruled in favour of the case brought by the environmental litigation charity Plan B and Friends of the Earth. Judges found that ministers had failed to take adequate account of Britain’s climate commitments under the 2015 Paris climate agreement when drawing up the aviation national policy statement (ANPS) which permitted Heathrow expansion. The new government under Boris Johnson, a long-time opponent of the third runway, accepted the court ruling in February, leaving Heathrow to challenge it alone. The airport will argue that the runway will be bound to comply with Britain’s carbon targets when it seeks to obtain planning permission, regardless of whether the then transport secretary, Chris Grayling, adequately took account of the 2015 Paris climate agreement. The hearing will be conducted by video conference because of Covid-19 restrictions, and streamed live online. The verdict is not expected to be delivered until at least January.<br/>