‘Environmental Impact Assessments in the UK increasingly resemble We’re Going on a Bear Hunt. In Michael Rosen’s story, every obstacle presents the same catch phrase: “We can’t go over it. We can’t go under it. Oh no! We’ve got to go through it!” The Supreme Court’s judgment in Finch insists on the same approach. It makes clear that public authorities cannot avoid the environmental consequences of their decisions by narrowing the scope of what counts as an “effect” or by adopting technical interpretations of their obligations. They cannot “go over” or “go under” those consequences. They must go through them: legality requires a full and realistic evidential picture (see Lord Leggatt when talking about the meaning of the legislation, at paras [59][60]; causation in law, at paras [79]– [81] and the council’s approach, at paras [101]– [103]).’
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UK Constitutional Law Association, 22nd April 2026
Source: ukconstitutionallaw.org