[2007] EWHC 311 - Greenpeace UK

MR JUSTICE SULLIVAN:
Introduction
1. In this application for judicial review the claimant applies for a quashing order in respect of
the defendant's decision, announced in "The Energy Challenge Energy Review Report
2006" to support nuclear new build as part of the United Kingdom's future electricity
generating mix. The quashing order is sought on the ground that the consultation process
leading to the decision was procedurally flawed and that therefore the decision was
unlawful.
The evolution of energy policy
2. There are very many, often very lengthy, documents and what follows is, necessarily, the
briefest summary. The story begins in June 2001 when the Prime Minister asked the
Performance and Innovation Unit ("the PIU") at No. 10 Downing Street to review the
strategic issues surrounding energy policy and to report to the Government. In February
2002 the PIU published "The Energy Review". Nuclear power was considered in some
detail (see paragraphs 6.46-6.55 and 7.70-7.82). Under the sub-heading "Measures are
needed to keep the nuclear option open ..." the Executive Summary to the document said:
"Nuclear power offers a zero carbon source of electricity on a scale, which, for
each plant, is larger than that of any other option. If existing approaches both
to low carbon electricity generation and energy security prove difficult to
pursue cheaply, then the case for using nuclear would be strengthened.
Nuclear power seems likely to remain more expensive than fossil fuelled
generation, though current development work could produce a new
generation of reactors in 15-20 years that are more competitive than those
available today. Because nuclear is a mature technology within a well
established global industry, there is no current case for further government
support. ...
The main focus of public concern about nuclear power is on the unsolved
problem of long-term nuclear waste disposal, coupled about perceptions
about the vulnerability of nuclear power plants to accidents and attack. Any
move by government to advance the use of nuclear power as a means of
providing a low carbon and indigenous source of electricity would need to
carry widespread public acceptance, which would be more likely if progress
could be made in dealing with the problem of waste."
3. In May 2002 the Government published "Energy Policy — Key Issues for Consultation"
("the 2002 Consultation Document"). Section Two of the 2002 Consultation Document
identified the "Main themes for consultation":
"2.1 We would welcome views and comments on any or all of the
following questions. These to a large extent derive from the
PIU report and the policy objectives it describes. Links to the
relevant sections of the PIU report and other documents are
provided at the end of each section. In submitting views,