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Greenpeace wins nuclear challenge Judge rejects nuclear power plan
(20 minutes later)
Greenpeace has won its High Court bid to make the government rethink its programme to build a new generation of nuclear power stations.Greenpeace has won its High Court bid to make the government rethink its programme to build a new generation of nuclear power stations.
A judge ruled that the consultation process before making the decision last year had been "seriously flawed" and "procedurally unfair".A judge ruled that the consultation process before making the decision last year had been "seriously flawed" and "procedurally unfair".
Greenpeace said the government should "go back to the drawing board".Greenpeace said the government should "go back to the drawing board".
Ministers claim plans outlined last year, including more nuclear power plants, will cut carbon emissions. Ministers had said the energy review was only part of an ongoing process which would ensure full consultation.
'Updating''Updating'
Greenpeace's Emma Gibson told Sky News: "The government should be going back to the drawing board and looking at how to meet our energy needs and cut our carbon emissions.Greenpeace's Emma Gibson told Sky News: "The government should be going back to the drawing board and looking at how to meet our energy needs and cut our carbon emissions.
"That's not going to be through nuclear power. It's through updating our energy system and increasing our use of renewables.""That's not going to be through nuclear power. It's through updating our energy system and increasing our use of renewables."
The government has been shown up as fundamentally deceitful Alan Duncan, Conservatives
In 2003, an energy white paper described nuclear power as an "unattractive option".In 2003, an energy white paper described nuclear power as an "unattractive option".
It added: "Before any decision to proceed with the building of new nuclear power stations, there will need to be the fullest possibly public consultation and the publication of a further white paper setting out our proposals."It added: "Before any decision to proceed with the building of new nuclear power stations, there will need to be the fullest possibly public consultation and the publication of a further white paper setting out our proposals."
The government launched a fresh energy review in January 2006, and after public consultation culminated in a report, The Energy Challenge, which said the government thought "new nuclear power stations would make a significant contribution to meeting our energy policy goals". The government launched a fresh energy review in January 2006, and after public consultation published a report, The Energy Challenge, which said "new nuclear power stations would make a significant contribution to meeting our energy policy goals".
In court, Greenpeace said the consultation had not fulfilled the promise to carry out "the fullest public consultation".In court, Greenpeace said the consultation had not fulfilled the promise to carry out "the fullest public consultation".
It complained that there had been a failure to present clear proposals and information on key issues, such as disposal of radioactive waste and building costs.It complained that there had been a failure to present clear proposals and information on key issues, such as disposal of radioactive waste and building costs.
'Radically wrong''Radically wrong'
Trade and Industry Secretary Alistair Darling, contesting the judicial review, argued that the energy review was only part of an ongoing process which would ensure full consultation.Trade and Industry Secretary Alistair Darling, contesting the judicial review, argued that the energy review was only part of an ongoing process which would ensure full consultation.
But Mr Justice Sullivan said "something has gone clearly and radically wrong".But Mr Justice Sullivan said "something has gone clearly and radically wrong".
The consultation document had given every appearance of being simply an "issues paper".The consultation document had given every appearance of being simply an "issues paper".
It had contained no actual proposals and, even if it had, the information given to consultees had been "wholly insufficient for them to make an intelligent response". It had contained no actual proposals and the information given to consultees had been "wholly insufficient for them to make an intelligent response".
The judge said information given on waste had been "not merely inadequate but also misleading".
Fairness required that consultees should be given a proper opportunity to respond to that substantial amount of new material before any decision was taken.
"There could be no proper consultation, let alone the fullest consultation, if the substance of these two issues was not consulted on before a decision was made," said the judge.
"There was therefore procedural unfairness and a breach of Greenpeace's legitimate expectation that there would be the fullest consultation before a decision was taken."
The judge granted what he called a "quashing order".
Shadow trade and industry secretary Alan Duncan said: "This is an astonishing ruling.
"What it really says is that the government has been shown up as fundamentally deceitful."
The government says its proposals, including building more nuclear plants, will cut carbon emissions by 19 to 25 million tonnes by 2020, compared with projections based on current trends.The government says its proposals, including building more nuclear plants, will cut carbon emissions by 19 to 25 million tonnes by 2020, compared with projections based on current trends.
In January, Prime Minister Tony Blair said it was important to ensure that the UK had a diverse energy supply, including nuclear power.In January, Prime Minister Tony Blair said it was important to ensure that the UK had a diverse energy supply, including nuclear power.
"If we don't get these decisions right, and get them right quickly, we will pay a very heavy price in the future.""If we don't get these decisions right, and get them right quickly, we will pay a very heavy price in the future."
A White Paper is expected to be published next month.A White Paper is expected to be published next month.