Rowan Smith

Rowan is a public lawyer, specialising in judicial review, with a focus on environmental, planning and human rights law. He has acted in some of the most high-profile climate change litigation in recent years. For example, he represented campaigners in a successful Supreme Court case, establishing that the environmental impact caused by emissions from burning fossil fuels must be assessed before planning permission for their extraction is granted.

In addition, he acted for Friends of the Earth, and separately Chris Packham, in winning challenges to the UK Government’s climate change policies. He also works on a range of planning law challenges at the local and national level, involving the energy sector, airport expansion, as well as new road and housebuilding infrastructure, with a particular interest in air pollution and biodiversity.

Experience 

Rowan joined Leigh Day in March 2016, after training in public law at Bindmans LLP. Before his career in law, Rowan studied Global Politics at Lancaster University and worked at various charities in Manchester.   

Legal expertise

Some of his notable cases include:

• Finch v Surrey County Council: successful Supreme Court appeal, establishing that greenhouse gas emissions from the use of oil must be assessed before planning permission is granted for the extraction of fossil fuels. 
• Save Stonehenge World Heritage Site v Secretary of State for Transport: successful challenge to development consent for new road through Stonehenge on grounds that the impact on heritage and alternatives had not been lawfully assessed.  
• Friends of the Earth v Secretary of State for Energy Security & Net Zero: successful judicial review of Government’s plans to achieve Net Zero. 
• Global Feedback v HM Treasury and Secretary of State for Business and Trade: ongoing legal claim against implementation of UK / Australia Free Trade Agreement on climate change grounds, raising issues of access to environmental justice. 
• Oceana UK v Secretary of State for Energy Security & Net Zero: current judicial review of lawfulness of new offshore oil and gas licences in marine protected areas, arguing that the marine environment’s baseline vulnerability to climate change had not been assessed. 
• Dr Andrew Boswell v Secretary of State for Energy Security & Net Zero: current challenge to development consent for new gas power station with carbon capture and storage, on grounds that there has been a failure to explain how the project is consistent with the Net Zero Target. 
• Friends of the Earth v Secretary of State for Levelling Up, Housing and Communities: successful challenge to plans for a new coal mine in Cumbria. 
• Chris Packham v Secretary of State for Energy Security & Net Zero: securing Government concession that green policies had been unlawfully abandoned. 
• Friends of the Earth v Secretary of State for the Department of Transport: Supreme Court challenge to the Government’s policy decision to expand Heathrow Airport on climate change and sustainable development grounds. 
• Together Against Sizewell C v Secretary of State for Energy Security & Net Zero: challenge to development consent for new Sizewell C nuclear power station on grounds that the Habitats Assessment had wrongly interpreter the scope of the project. 
• Global Feedback v Secretary of State for the Environment & Rural Affairs: Court of Appeal challenge to publication of Food Strategy, clarifying Government’s duties under the Climate Change Act 2008. 
• Possible v Secretary of State for Transport: ongoing judicial review concerning the Jet Zero Strategy, arguing that the consultation was unlawful in circumstances where options for demand management had already been rejected. 
• Transport Action Network v Secretary of State for Transport: live claim challenging the fairness of the consultation leading to the publication of Roads National Planning Statement for excluding consideration of modal shift and demand management. 

Rowan Smith in the news

• UK government faces legal action against new coalmine in Cumbria Guardian 4.1.23
• Climate activists take UK government to court over food strategy FT 24.8.22
• Campaign group launches legal appeal to thwart Sizewell C Construction News 9.8.22
• High Court quashes planning permission over flawed report from planning officer Local Government Lawyer 21.6.22
• West Sussex County Council admits it acted illegally in removal of Shoreham cycle lane Sussex Live 27.1.22
• Campaigners win right to challenge state aid for North Sea oil and gas Guardian 28.7.21