OEP has permission to intervene in appeal on how government departments should consider environmental issues

The Office for Environmental Protection (OEP) has been granted permission to intervene in a case which could help clarify how Government departments should consider environmental issues in policy making. 

The appeal in the case of R (Rights Community Action Ltd) v the Secretary of State for Housing, Communities and Local Government is going to be heard by the Court of Appeal. The case is about the duty in the Environment Act 2021 to have due regard to the Environmental Principles Policy Statement (EPPS).

The OEP will put its points to the court in advance in writing and also briefly in person.

The OEP is not seeking to make arguments on the particular facts of the case, which relate to the setting of housing energy efficiency standards by local authorities.  

Rather, the OEP’s interest is in wishing to see the duty interpreted to support sound, environmentally aware policy making which supports delivery of the government’s ambitions for environmental protection and improvement.

OEP General Counsel, Peter Ashford, said: “We are pleased to have the opportunity to put our points on important issues of environmental law to the Court of Appeal. We hope to assist the court in clarifying how this statement is to be applied so that it can play its role in supporting government’s delivery of the Environmental Improvement Plan and Environment Act targets for the benefit of the natural environment.” 

“We will now prepare our detailed written submissions for the court.”