Advise Moe as to the potential grounds upon which he might apply for judicial review against the decision of the Climate Commission and the Secretary of State for the Environment.

The Climate Commission was created through the enactment of the Climate Change Act 2021 (fictitious). Section 5 of the Act gives the Climate Commission the power to fine any business operating within the United Kingdom that has a negative impact upon the government’s obligations under the Paris Agreement, where the greenhouse gas emissions for which they are responsible exceed an industry-based target. The Climate Change Act 2021 requires that the Secretary of State for the Environment approves any decision of the Climate Commission before issuing fines to any company.

Duff Beer is a brewery that operates within the UK brewing industry. The brewing industry has managed to keep within its agreed target for greenhouse gas emissions and Duff Beer have complied with their own targets for gas emissions. Moe Szyslak, the President of Duff Beer, learns that the Climate Commission intends to fine Duff Beer for failing to operate within their commitments for limiting the amount of gas emissions released into the air through their brewing operations.

Moe contacts the Climate Commission and sends them an independently audited report of Duff Beer’s greenhouse gas emissions. The report shows that Duff Beer is compliant and is operating within the targets. The report also includes an industry-wide report detailing that the whole brewing industry is compliant with the targets that have been set.

When the Climate Change Act 2021 was debated in Parliament, Moe appeared in television interviews to express his disagreement with the creation of the Climate Commission. He also organised several protests and petitions against the creation of the Climate Commission.

The Climate Commission’s decision to fine Duff Beer is authorised by the Secretary of State for the Environment following her meeting with the Prime Minister who reminds her that tighter control of greenhouse gas emissions was a fundamental principle of current government policy.

Advise Moe as to the potential grounds upon which he might apply for judicial review against the decision of the Climate Commission and the Secretary of State for the Environment.

Sources in OSCOLA:

(https://www.law.ox.ac.uk/sites/files/oxlaw/oscola_4th_edn_hart_2012quickreferenceguide.pdf )

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