Clifford Chance

Airports Policy Declared Unlawful on Climate Grounds - Policy and Project Implications

23 March 2020

The Court of Appeal has declared the Airports National Policy Statement unlawful due to its failure to take into account the Government's commitment to the Paris Agreement on climate change.

We understand that Heathrow Airport Limited, an interested party to the Court of Appeal proceedings, has applied for permission to appeal the decision to the Supreme Court.This briefing summarises the Court of Appeal's decision and considers what it means for other national policy statements and decisions on major infrastructure projects including expansion at Heathrow, pending the outcome of any further Supreme Court appeal.

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