UK Government’s Pro-Airport Expansion ‘Jet Zero’ Strategy Challenged in High Court

The UK Government is being taken to court by climate campaigners over its controversial Jet Zero Strategy (JZS), arguing that the policy encourages aviation expansion at the expense of legally binding climate commitments.

Climate charity Possible and the Group for Action on Leeds Bradford Airport and their legal teams at law firm Leigh Day have filed judicial reviews against the Department for Transport (DfT), challenging the JZS for “failing to present a viable plan to reduce aviation emissions in line with the UK’s Net Zero targets.”

They are concerned that the far-off promise of ‘Jet Zero’ – the long-distant hope of emissions-neutral air travel – is being used as an excuse to expand airports today, complete with a major increase in carbon emissions here and now. 

The strategy was launched by the last Conservative Government, which claimed it would allow travellers to fly “guilt free”.

The strategy has continued post-election, with the Chancellor Rachel Reeves announcing in January that the Government will support the construction of a third runway at Heathrow. Ministers have delayed a final decision on Gatwick airport expansion to October this year to assess the climate impact – but suggest they are “minded to approve” expanding the London hub. 

In its announcement on Heathrow, the Government said they would “engage [with] the Climate Change Committee on how aviation expansion can be made consistent with our net zero framework.” And defending Gatwick expansion, a transport minister, Mike Kane, used Jet Zero efforts to bolster his claims: “We continue to work together with industry to consider the best ways to support the aviation industry to de-carbonise, including through the jet zero taskforce.” 

He added: “Airspace modernisation can help us to reach our target by reducing delays and allowing aircraft to fly in more direct routes. That should result in far less fuel burn, and therefore reduce our carbon omissions and potentially the noise impact of flights.” 

But the International Energy Association says decarbonisation efforts for aviation are “not on track,” adding: “In 2023, aviation accounted for 2.5% of global energy-related CO2 emissions, having grown faster between 2000 and 2019 than rail, road or shipping.”

The legal challenge on Jet Zero begins today (April 1) at the Royal Courts of Justice, with both challenges being heard alongside each other, and is expected to last for four days.

Both legal cases argue that the JZS relies on speculative technological solutions while ignoring the need for demand management measures, despite clear recommendations from the Government’s own statutory advisors, the Climate Change Committee (CCC). 

Challenging airport expansion earlier in Parliament earlier this year, Green Party MP Sian Berry said: “The Government’s arguments that I have seen appear to rest on the idea that there are new technologies ready to go that will cut carbon emissions and allow large airport expansions. In reality, does the Minister accept that such innovations, many of which are still not ready for commercial use, cannot be relied upon?”

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Opponents say relying on ‘Jet Zero’ solutions sets a trajectory for the aviation sector that could lead to an over 50% increase in passengers by 2050, which the groups argue puts the UK’s legally binding climate targets at risk. Airoplanes use one of the dirtiest forms of fuel, kerosene, and even under UK Government plans so-called ‘Sustainable Air Fuel’ (SAF) would only make up 10% of total UK jet fuel demand in 2030, and then to 22% in 2040. 

The legal challenges argue that the Jet Zero Strategy did not provide the evidential base for the Secretary of State to be able to conclude that it would achieve net zero aviation, a conclusion which was required by law under the Climate Change Act 2008. That act requires Governments to have policies in place to meet ‘carbon budgets’. 

The claimants also argue that the Government failed to consult properly on the need for demand management and neglected the risks of non-CO2 aviation emissions.

Possible warns that, unless the JZS is withdrawn or substantially changed, it will lock the UK into unsustainable aviation growth, jeopardising the UK’s legally binding climate commitments. 

Alethea Warrington, Head of Aviation, Heat, and Energy at Possible, said: “The Jet Zero Strategy provides a highly dangerous green light for airport expansion and a recipe for rising emissions, putting the UK’s climate commitments in serious jeopardy.” 

“By attempting to rely on expensive and unproven technologies while ignoring clear expert advice that demand for flights must be curbed, the Government is taking a reckless gamble with our future.”

She called for policies to “target the small group of frequent flyers who take most of the flights.”

A Department for Transport spokesperson told Byline Times: “We are committed to delivering greener transport and supporting the Government’s missions to kickstart economic growth and to make Britain a clean energy superpower.

“We are supporting the aviation sector’s decarbonisation in numerous ways, including through the SAF mandate and Advanced Fuels Fund, backing the development of more efficient and zero emission aircraft technology through the Aerospace Technology Institute, and our commitment to airspace modernisation.

“We await the verdict and will respond fully once received.”

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A February press release from the Government trumpeted investing over £110m in public funds, in efforts to create zero-emission flights, saying: “Cutting edge new technologies that could enable electric flying taxis and hydrogen powered aircraft to take to the skies will be developed in the UK.” 

“Through the Aerospace Technology Institute (ATI) Programme, Government and industry are jointly backing new exciting zero-carbon technologies to open up a future of guilt-free flying.” 

The statement added: “Efforts include a project by Bristol-based electric aircraft manufacturer Vertical Aerospace to develop high-end, lightweight batteries, as well as projects led by Rolls-Royce to develop the building blocks of a liquid hydrogen combusting jet engine, which would enable flight without the carbon emissions.”

Rowan Smith, environmental lawyer at Leigh Day, said his clients’ case against the Government was “damning”. 

“Internal documents appear to show that the Secretary of State at the time completely rejected, even before consulting members of the public, any role for demand management in plans to meet net zero in the aviation sector.

“Our client will argue in the High Court that such a closed mind rendered both the decision-making process and consultation unlawful.”

And Nick Hodgkinson, Chair of GALBA, added:  “The UK Government’s expert advisers on the Climate Change Committee have described Jet Zero as a ‘high risk’ approach to decarbonising aviation.

“We shouldn’t be gambling with climate breakdown. It’s deeply unfair on our children and their children to allow aviation’s climate problem to get worse before we have any proven solutions.” 

“Right now, the only credible way to cut the greenhouse gases caused by flying is to fly less, not more.”

Possible is a UK-based charity working to speed up climate action. The Group for Action on Leeds Bradford Airport (GALBA) is a campaign group dedicated to preventing the expansion of Leeds Bradford Airport. 

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