Environmental assessments: cumulative impact: carbon emissions: IEIA regulations

Boswell v Secretary of State for Transport [2023] EWHC 1710 (Admin)

https://www.bailii.org/ew/cases/EWHC/Admin/2023/1710.html

Para 77 “The question of what impacts should be addressed cumulatively; how the cumulative impacts might occur; whether the effects are likely to be significant and if so, how they should be assessed are all matters of evaluative judgment for the Secretary of State (§43 and §77 of this judgment).  The task for the Court is to consider whether the evaluative judgment(s) made by the Secretary of State in this respect fall outside the range of reasonable decisions open to him or whether there is a demonstrable flaw in the reasoning which led to his decision (§46). As the primary judges of the fact, the views of the Secretary of State and the Planning Inspectors who publicly examined the road schemes are entitled to considerable weight (§46).”

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