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The Aarhus Compliance Committee has issued its final decision in Communication ACCC/C/2012/77 brought by Greenpeace and which alleges that the costs it was ordered to pay when it was refused on the papers permission to apply for judicial review of the decision of the Secretary of State for Energy & Climate Change to designate the NPS for Nuclear Power Generation under the Planning Act 2008 were prohibitively expensive in breach of Article 9(4) of the Aarhus Convention. The decision is here. The Committee finds the UK has failed to comply with article 9, paragraph 4, of the Convention since the cost order awarded against the communicant in this case made the procedure prohibitively expensive. James Maurici QC appeared for the UK Government.
