Climate protest defense strategy hits a legal wall in England and Wales

Climate activists in England and Wales face a significant setback as a key legal defense is stripped away.

Sandra Laville reports for The Guardian.


In short:

  • The Court of Appeal has ruled against the use of the "consent" defense by climate activists, a strategy that has led to several acquittals since 1971.
  • This decision follows governmental concerns over the effectiveness of legal guidance for future environmental protests.
  • The ruling is seen as a victory for political influence over legal proceedings, further limiting protestor rights and defenses.

Why this matters:

Climate activists are increasingly finding themselves embroiled in legal battles as they push for more aggressive action on climate change. These challenges manifest in various forms, from lawsuits aimed at compelling governments to adopt stricter emissions targets to legal actions against major fossil fuel companies for their role in climate change.

In 2021, Douglas Fischer wrote about four community activists lauded in the fight for environmental and racial justice.

Traffic lined up at stoplight, idling and polluting

EPA claims ‘overwhelming rejection’ of EVs as it moves to loosen air pollution rules

A proposed rule would give auto manufacturers until 2029 to meet smog and particulate matter emissions standards while the agency reconsiders the requirements altogether.
Texas flag flying adjacent to solar panel
Credit: Millenius/BigStock Photo ID: 346789597

Solar to overtake coal on Texas grid for the first time ever this year

The Trump administration likes to cast renewables as a socialist scam, but solar has soared in the competitive markets of the Lone Star State.
A row of wind turbines against a blue sky

Feds cite national security to stall 54 Texas wind projects

After years of trying to stop offshore wind projects, the Trump administration is now pausing routine federal permits for 165 land-based projects, including dozens in Texas.
A view of the Great Salt Lake with mountains in the background

Utah's fragile desert could feel like the Sahara if America's biggest data center gets built

The Great Salt Lake is drying up. What happens when a data center as large as Washington, D.C., sits next to it?
Flooded street with a yellow sign reading "water over road"

Sunny day flooding not as paradoxical as it may sound

While seemingly counterintuitive, king tides are not a new phenomenon, but do represent a chronic and increasingly difficult challenge for coastal communities, but ordinary people can help by contributing to the science.

Children being transported through deep water in a small plastic dinghy during the monsoon flooding of October 24 2010 in Nakhon Ratchasima Thailand.
Credit: Epixx/BigStock Photo ID: 9996971

U.N. climate panel says RCP 8.5, the worst-case scenario, is 'implausible'

A U.N. panel on climate change seems poised to retire RCP 8.5, a scenario in which the world does nothing to curb planet-warming emissions, in its projections.
A pile of microplastics - small pieces of hard plastic on palm, intended for further processing.
Credit: luckakcul/BigStock Photo ID: 452008289

Airborne microplastics may be warming the planet in ways overlooked by scientists

Scientists have discovered that airborne microplastics may be warming the planet faster than anyone expected.
From our Newsroom
Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

Multiple Houston-area oil and gas facilities that have violated pollution laws are seeking permit renewals

One facility has emitted cancer-causing chemicals into waterways at levels up to 520% higher than legal limits.

Regulators are underestimating health impacts from air pollution: Study

Regulators are underestimating health impacts from air pollution: Study

"The reality is, we are not exposed to one chemical at a time.”

Pennsylvania governor Josh Shapiro speaks with the state flag and American flag behind him.

Two years into his term, has Gov. Shapiro kept his promises to regulate Pennsylvania’s fracking industry?

A new report assesses the administration’s progress and makes new recommendations

silhouette of people holding hands by a lake at sunset

An open letter from EPA staff to the American public

“We cannot stand by and allow this to happen. We need to hold this administration accountable.”

wildfire retardants being sprayed by plane

New evidence links heavy metal pollution with wildfire retardants

“The chemical black box” that blankets wildfire-impacted areas is increasingly under scrutiny.

Stay informed: sign up for The Daily Climate newsletter
Top news on climate impacts, solutions, politics, drivers. Delivered to your inbox week days.