Heathrow Third Runway: Legal victory to be defended in Supreme Court

 The Friends of the Earth victory in the battle against a third runway at Heathrow Airport will be defended in the Supreme Court today.

 

Following the environmental campaigners’ triumph in the Court of Appeal earlier this year, Heathrow Airport Limited has appealed to the Supreme Court in a last-ditch bid to rescue its plan for the runway.

 

Lawyers for Friends of the Earth will argue that Court of Appeal judges were right to rule that the Government’s decision to give the runway the go-ahead in the Airports National Policy Statement (ANPS) was unlawful. 

 

They ruled that the Government could not ignore its international climate change commitments under the Paris Agreement, which requires the UK to sharply and quickly reduce its investment in fossil fuel infrastructure.

 

Judges said the Secretary of State for Transport (then Chris Grayling) had breached s10 of the Planning Act 2008, and acted irrationally by disregarding the Paris Agreement, the non-CO2 warming impacts of aviation, and the effects of climate change beyond 2050. He also breached his duty to undertake a lawful strategic environmental assessment in accordance with the requirements of the SEA Directive and the SEA Regulations.

 

Following the judgment, the Government and Arora Holdings decided not to pursue their legal case any further, but Heathrow Airport Limited pressed on and was granted permission to appeal to the Supreme Court.

 

Friends of the Earth is represented by Leigh Day solicitors and barristers David Wolfe QC of Matrix Chambers, Peter Lockley of 11 Kings Bench Walk Chambers and Andrew Parkinson of Landmark Chambers.

 

Will Rundle, head of legal at Friends of the Earth, said:

 

“Without the government in the picture, this case has become one about business interests versus the wellbeing of people everywhere facing the impact of the climate crisis.

“The Court of Appeal rightly ruled against the expansion of Heathrow, and we’re now here to defend our historic win for the planet. The government accepted illegal advice to ignore the Paris Climate Agreement when making the initial decision to approve the third runway. Heathrow is now trying to completely ignore this fact with its appeal.

“We are pleased that the Supreme Court will now make an authoritative ruling and remain confident the court will re-affirm that the Paris Agreement cannot be ignored, and all the damaging climate impacts of Heathrow expansion must be fully considered in any decision over expansion.”

 

Jenny Bates, climate campaigner at Friends of the Earth, said:

 

“As we plan for a future in the wake of the dreadful Covid-19 pandemic, it’s key that the UK invests in low-carbon, resilient infrastructure and creates green jobs in sectors such as clean transport, renewable energy and home insulation. A new runway at Heathrow is the opposite of what we need to be building. It would lead to a huge increase in emissions and undermine the UK’s duty to fight the climate crisis.

 

“Heathrow has talked up easy fixes to get the Third Runway pushed through, but these fixes rely on undeveloped technology, and ineffective carbon offsetting to make their plans appear more climate friendly.”

 

Rowan Smith, solicitor in the environmental law team at Leigh Day, said:

 

“We trust that the Supreme Court will agree with the Court of Appeal when it concluded that there was absolutely no legal means by which the Government could ignore its international climate change commitments under the Paris Agreement.

 

“They made it clear that such an omission fatally undermined the lawfulness of the policy to allow a third runway at Heathrow Airport. 

 

“The Lord Justices simply followed the legal framework set by Parliament and found that the Secretary of State was legally bound to consider the Paris Agreement which was so obviously material to a decision on Heathrow Airport expansion.”

 

Why aren't we worrying more about global warming? Meeting with Natalie Bennett Tuesday September 25th

Natalie Bennett will be speaking at this timely meeting organised by Kensal Kilburn A Better 2018 on Tuesday September 25th  7.15-8.45pm at St Lukes Church, Fernhead Road, W9 3EH.

In 2017/18, the Arctic had its warmest winter in the last 40,000 years. The old frozen Arctic is gone, and will never come back for centuries. We know this, but we do not seem to be talking about it, or what it may mean for our future. Are we reacting by going into denial? What are the facts? What are the implications? And what can and should we be doing, and asking our politicians to do now?



SPEAKERS

Natalie Bennett was the leader of the Green Party of England & Wales from 2012 to 2016. As a scientist, journalist, activist and politician she has been deeply involved with these questions over many years. She will share her insights with us, and engage in discussion and debate.

Dr. Nicholas Smith from the University of Westminster explores social representations of climate change. He has also worked as post-doctural researcher with the Yale Project on Climate Change Communication and the Liveable Cities Project.

Roger Hallam is a climate activist and theorist and was an organic farmer for 20 years. He has most recently been involved with campaigns such as Kings College Climate Emergency, Stop Killing Londoners and Vote No Heathrow.

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You can book for the meeting on Eventbrite HERE

Nearest Station Queens Park (London Overground and Bakerloo)

Keith Taylor MEP: 'Airport expansion remains a climate-wrecking decision that is bad for the British people and the planet'

The World Meteorological Organization's findings that concentrations of CO2 in the Earth's atmosphere surged to a record high in 2016 must rule out any airport expansion, according to Keith Taylor, Green MEP and a member of the European Parliament's Environment and Transport Committees.

Responding to the news that last year's increase in CO₂ emissions was 50% higher than the average of the past 10 years, Mr Taylor, the European Chair of the Climate Parliament, said, in light of the Government's relaunched Heathrow expansion consultation: 

"The Government's analysis on air pollution alone must rule out a third runway at Heathrow. But before the Gatwick airport PR machine leaps into action, today's shocking news about the levels of CO₂ pollution in our atmosphere is a timely reminder that the only climate-viable option is no new runways."

"Aviation is a top ten global polluter and emissions from the heavily subsidised industry are set to balloon by 300% if action is not taken sooner rather than later. Not accounting for any airport expansion, emissions from aviation are already expected to use up more than two-thirds of the UK's carbon budget by 2050. At the same time, the Government's so-called 'Clean' Growth Strategy just this month revealed that the UK is already set to miss its legally-binding carbon targets under the Climate Change Act. Again, without building any new runways."

"Despite what the exceedingly what well-funded PR machines of Heathrow and Gatwick airports would have politicians believe, the UK doesn't have an airport capacity crisis. Britain is already amongst the most frequent flyers in the world, in fact, more passengers fly in and out of London than any other city in the world. Every airport but one is operating under capacity. And the cases put forward by Gatwick and Heathrow to solve the manufactured 'crisis' rely on vastly inflated job creation predictions and hinge on a dubious demand assumptions."

"Nine of the ten most popular destinations from Heathrow involve short-haul flights. In fact, almost half of all flights in Europe are 300 miles or less. Existing rail services could offer genuinely workable alternatives on most of these routes. As trains are less polluting than planes, by a factor ten, this would help reduce aviation emissions, and free up landing slots for longer haul flights."

"Three-quarters of international passengers are disproportionately wealthy and travel for leisure. The vast majority of the UK’s airport capacity, 70% of flights, is used by a minority of frequent flyers, 15% of passengers. The current taxation system means those who don’t fly and those who fly even just once a year are subsidising the jet-setting lifestyles of a privileged few. We must, instead, reject the ‘crisis’ myth, and work to reduce demand while making the industry fairer."

"Airport expansion remains a climate-wrecking decision that is bad for the British people and the planet. By continuing to back a new runway, the Government is displaying a shocking disregard for the UK’s legal and moral obligation to tackle the very worst effects of climate change. Expansion will breach Britain’s carbon budgets and make a mockery of Theresa May’s legal-binding commitments under the Paris Agreement.”

"As Greens, we support a fairer frequent flyer levy that would help reduce demand driven by the privileged few and reduce costs for the average UK holidaymaker."

Has Sam Stopp been shot down over Heathrow?

Cllr Sam Stopp announced a week or so ago that he was seeking the Labour nomination for Richmond on a pro-Heathrow, pro-growth, pro-jobs ticket.

More recently he announced that he had been long-listed for the nomination.  Today his Labour councillor colleague Cllr Neil Nerva posted the above tweet on Facebook.  It says:

@Cllr Stopp

I would've stood as a pro-Heathrow candidate for #RichmondPark NEC wants anti-Heathrow candidate, which makes me wonder why we're standing.

I can't see that tweet on Stopp's timeline now LINK  but that is not surprising. Stopp has deleted nearly all of his tweets many of which backed Owen Smith in the Labour leadership election and criticised Jeremy Corbyn.  One tweet stated he was ashamed that Brent Central CLP had backed Corbyn and another accused Labour colleagues of refusing to allow him into a meeting about the Labour leadership.

Stopp's twitter account now shows just 28 tweets akthough there are 1,970 'likes':

All rather strange.  It is not clear whether this marks the end of his Richmond Park bid or whether he is still in the race.

For the record this is what Stopp said previously about the Richmond Park by-election:

Pro-Heathrow Cllr Stopp throws his hat into Richmond by-election ring

Sam Stopp, the Labour councillor for Wembley Central, has signalled via Twitter, that he intends to put himself forward as the Labour candidate for Richmond in the wake of Zac Goldsmith's resignation over Heathrow.

The Liberal Democrats are the second party in Richmond and Labour MP Clive Lewis has urged Labour to stand down to enable a Tory defeat.

Stopp is adamant that Labour should stand and has said he will stand on a pro-Heathrow third runway ticket advocating growth and job creation.

Stopp was a supporter of Yvette Cooper's leadership bid and this time round supported Owen Smith, declaring that he was embarrassed by Brent Central's support for Corbyn.

He rejects any notion of a progressive alliance whilst we still have a first past the post elelction system.

Cllr Stopp is Chair of the Labour Campaign to End Homelessness.

Green Party 'Proudly stand alongside' Plane Stupid activists found guilty today

Sian Berry, Green Party candidate for London Mayor reacts to the news

 The Green Party of England and Wales has issued a statement in support of a group of environmental activists called the Heathrow 13 who were found guilty today of “aggravated trespass” and told to expect prison sentences.

Green Party deputy leader, Shahrar Ali, who attended a demonstration in solidarity with the Heathrow 13 outside the court on the trial’s first day, said:

I am deeply disappointed by the irony of this judgement. The Judge finds the Heathrow 13 guilty of Aggravated Trespass and their actions in need of punishment. Yet alongside the support shown for them beyond the courtroom her acknowledgement that the campaigners are ‘principled’ demonstrates the legitimacy of their cause.

Bigger airports make no climate sense. The UK cannot make its contribution to cutting carbon emissions while expanding airports and increasing emissions from aviation. Greens applaud the determination of the Heathrow 13 for standing up for increased numbers of residents who will suffer enormously from increasing noise and air pollution if expansion gets the go-ahead at any London airport.

We proudly stand alongside these activists who had the courage and foresight to stand up for the well-being of not just today's citizens but tomorrow's, too.

The Green Party 2015 Autumn Conference passed the following resolution:

Plane Stupid activists occupied Heathrow Airport on 13 July 2015, less than two weeks after the Airports Commission recommended a new runway at Heathrow. Heathrow Airport is a major source of greenhouse gas emissions. The science confirms that greenhouse gases must be dramatically reduced from present levels to tackle climate change. In addition, Heathrow Airport is a major cause of illegal and deadly levels of air pollution in London. Local residents also suffer serious health impacts as a result of noise pollution and sleep disturbance.

Conference instructs GPEX to include and publicise an item on the Green Party website supporting the 13 Plane Stupid climate activists who on 13 July 2015 took non violent direct action at Heathrow Airport. Their trial is from 18 - 29 January 2016 at Willesden Magistrates Court.
 

Rally to support Heathrow 13 at Willesden Magistrates Court on January 18th

From Facebook events page hosted by No Dash for Gas

In the summer of 2015 activists staged a peaceful direct action at Heathrow Airport – less than a fortnight after the Airports Commission recommended a third runway at Heathrow. The action itself involved occupying the northern runway and erecting a tripod and fencing which the activists locked on to. The action stopped some flights, saved greenhouse gas emissions and most importantly put climate change, air and noise pollution back on the agenda.

The science tells us that deep cuts are required from existing levels of emissions to tackle climate change, but successive governments have failed to act. Direct action, therefore, is our only hope of securing a decent future for children everywhere. A new runway, and the hundreds of thousands of extra flights it would allow, would make the necessary cuts far more difficult, if not impossible, to achieve. In addition, Heathrow hugely contributes to illegal levels of air and noise pollution, which have massive impacts on human health for people living near the airport.

For defending the planet and human health, the activists have been charged with aggravated trespass and being in a restricted area of the airport without permission. All 13 pleaded not guilty to all charges. If you want to show them your solidarity, please join for the first day of their trial on the morning of Monday 18th January 2015, at Willesden Magistrates’ Court.

To prevent catastrophic climate change and reverse the deadly levels of air pollution in our towns and cities we need to stop airport expansion. This is why we stand in solidarity with the 13 brave activists who occupied the runway at Heathrow, to say, No Ifs! No Buts! No More Runways!

Join us for a rally starting at 9am sharp outside Willesden Magistrates' Court

Please bring banners and come with well rested vocal cords!

The full address for the court is:

Willesden Magistrates’ Court
448 High Road
London
NW10 2DZ

(Nearest tubes: Neasden or Dollis Hill on the Jubilee  line

Demonstration for Yashika 4pm today Parliament Square

Message from Oasis Academy

Dear Friends

We are having a demonstration at Parliament Square, at 4:00pm today, to call for Yashika's deportation tomorrow to be halted.

The authorities intend to force her onto a 5pm Air Mauritius flight from Heathrow at 5:00pm, alone, on Mother's Day.

Yashika is still being detained. She deserves to be at school, not locked away in Yarl's Wood as if she were a criminal.

Please join our facebook group and share widely with friends, family and supporters.https://www.facebook.com/events/1410777295849969/?fref=ts
Get down to Westminster and join our protest!

We are issuing a deadline to Theresa May to address students of Oasis Academy Hadley by 8:00pm tonight.

She has intervened to stop deportation before. She must now do the same for Yashika. She has the final decision and she must make the right choice.

We want Yashika back! #FightForYashika

BARRY GARDINER BACKS HEATHROW EXPANSION

Barry Gardiner, MP for Brent North, voted against the parliamentary motion calling for the abandonment of Heathrow expansion plans despite his recent interventions on climate change. He was joined in the No lobby by Dawn Butler MP for South Brent and a candidate for the new Brent Central seat. They voted for the government despite the opposition of Brent Council and many other London local councils to airport expansion. The vote was very narrow: 28 Labour MPs rebelled, if 32 had done so the government would have lost the vote. Andrew Slaughter, MP for neighbouring Ealing, Acton and Shepherds Bush led the revolt. Gardiner and Butler should have joined him

Doubt has now been thrown on the Government's economic and environmental case for expansion by parliamentary researchers. They question some of the claims made by Geoff Hoon during the debate. His claim that only low-emitting planes would be allowed to use the runway is undermined by the researchers who say 'aircraft designs do not at the moment incorporate many of the features highlighted by the secretary of state'. They question whether emissions can be cut to meet EU targets by 2015 stating, 'unless there are some very rapid improvements in technology, it will be some time before more environmentally friendly commercial aircraft are in widespread operation'. The DfT's estimate that the runway will bring £8.2bln benefits 'does not account for various factors' and its value could be £1.5bln or less. Finally they say that the DfT's cost-benefit analysis'does not consider' alternative schemes and the investment 'might be spent on a new airport in the Thames estuary, or high speed rail.'

http://www.timesonline.co.uk/tol/news/politics/article5683541.ece

The government's position also reinforces doubt over the value of public consultation. Of the nearly 70,000 responses to the consultation only a little over 8,000 wanted any form of expansion. Just 11% of people. That is, nearly 90% said no. Noise and air pollution were the biggest concerns, with nearly half the people responding expressing worries about these issues. There were 306 responses from aviation and airline companies but only a total of 241 from all other businesses. HACAN commented: “These figures give the lie to the claim that business is clamouring for a 3rd runway. Outside the aviation industry, only 241 businesses from right across the UK felt the need to express their view.

http://www.hacan.org.uk/