Appeal dismissed as climate action plan found sufficiently robust under statutory regime

The Court of Appeal dismissed an appeal by a non-governmental organisation challenging the State's adoption of its 2023 climate action plan and associated measures. The appeal, which followed an unsuccessful High Court challenge, argued that the plan did not meet statutory requirements for specificity and justification under climate action legislation and that the evidence provided could not support a finding the targets would be met. The Court of Appeal held that while the State's obligations are exacting, the requirements do not reach the level of requiring scientific certainty or the highest degree of proof for each measure, recognising the iterative and evolving nature of climate policy. The appellant was also found not to have sufficiently engaged with the technical material or provided the necessary expert evidence to discharge the burden of proof. The court exercised discretion to hear the case despite issues of mootness, since the annual nature of climate plans would otherwise prevent effective legal challenge, but ultimately upheld the original High Court decision refusing the application.