
Legal Frontlines in the Climate Crisis: Insights from the University of Manchester’s Environmental Activism Workshop
Yusra Suedi and Clare Cummings reflect on the potential – and the limits – of the law as a tool for climate justice in the face of escalating protest restrictions and environmental threats.
All images original to the author or provided by UpSplash.
In Manchester and beyond, environmental campaigners are increasingly turning to the courts to challenge environmentally harmful actions by the state and by private actors. At the same time, activists face an increasingly hostile protest laws, strongly criticised by a UN Special Rapporteur in January 2024. In the face of these challenges, the Climate and Justice Group of the University of Manchester on 10th June brought together local environmental campaigners, solicitors, barristers and researchers to share experiences and expertise on how the law can be a tool for local and global environmental justice.
Strategic Litigation and Landmark Climate Cases
The workshop opened with reflections from Marc Willers KC (Garden Court Chambers) on key legal battles that are reshaping climate law and litigation both in the UK and abroad. For instance, a recent groundbreaking case in the UK was brought by Sarah Finch, with support from Weald Action Group, successfully challenging Surrey County Council’s planning permission for the development of four new oil wells at the Horse Hill Well Site.
In this Finch v Surrey County Council case, the UK Supreme Court ruled in June 2024 that planning authorities must assess the full environmental impact of fossil fuel extraction projects, including emissions from the eventual use of the extracted fuel. This not only blocked the development of further oil wells in Surrey, but it also set a precedent in climate-related environmental impact assessments and has already influenced legal rulings on the proposed Cumbria coal mine and Rosebank oil field.
Another critical case is the much-celebrated campaigning by a group of senior Swiss women, who argued that their government’s inaction on climate change violated their rights to life and health under Articles 2 and 8 of the European Convention on Human Rights. In KlimaSeniorinnen v Switzerland, in April 2024, the European Court of Human Rights court ruled in the women’s favour, pointing to the Swiss government’s inadequate response to climate change. This decision could have far-reaching implications for the 46 member states of the Council of Europe. Nevertheless, the bar for achieving such legal wins is very high and access to legal advice as well as effective, sustained campaigning and fund-raising was crucial in making these cases possible.
Legal struggles for environmental justice in Manchester
Activists in Manchester are also showing how law can be a powerful tool in challenging harmful development plans. The Trees not Cars campaign successfully overturned planning permission to turn the former central retail park in Ancoats into a car park. Using a judicial review and protected by the Aarhus Convention, which caps the legal costs for such a legal action, the case pointed to the contradiction between Manchester City Council declaring a climate emergency and approving the construction of polluting infrastructure.
However, not all campaigns have had the same success. Sustained efforts by Manchester Friends of the Earth to challenge the Manchester City Council’s plans to build over large areas of playing fields at Hough End ultimately failed to block the development. Even with thousands opposing developments, legal aid applications are often denied, and communities are outmatched by well-resourced developers. Current planning law does not require developers to disclose all environmental risks, such as flooding and regulations are often poorly enforced.
Legal Risks and Rights in Environmental Protest
Recent laws such as the Police, Crime, Sentencing and Courts Act 2022 and the Public Order Act 2023 have tightened restrictions on protest, with growing use of conspiracy charges, harsh bail conditions, and Crown Court prosecutions. Wide-reaching injunctions—especially those issued against “persons unknown”— are making it difficult for protestors to even organize legally.
Unsurprisingly, activists are reporting a chilling effect, with judges banning mentions of climate change in trials and issuing custodial sentences for peaceful protest. NGOs remain key in supporting protestors and strategically bringing cases to challenge harsh sentencing. Organizations such as Friends of the Earth have taken such issues to the European Court of Human Rights, arguing that they violate rights to freedom of expression and assembly.
While barristers cannot actively seek out clients, they can help assess the merits of potential cases. Organizations like ClientEarth, Friends of the Earth, and UK Environmental Law Association (UKELA) continue to play vital roles in both litigation and advocacy to push for policy change alongside defending the rights of activists.
Building Momentum: Connecting Law, Community, and Action
Without proper legal support, bringing these arguments before a court remains daunting for many communities. Building stronger connections between legal experts, campaigners, and affected communities is key for enabling accessible legal advice, pro bono support, and more public education on legal processes. So, while law can be a tool—not just for resistance, but for transformation, legal strategies need to be combined with public pressure, political engagement, community resilience and funding if they are to be powerful in building a more just and sustainable future.
If you would like to connect with this work, please contact Clare or Yusra at the Climate and Justice study group.
Emails: Clare.Cummings@manchester.ac.uk / Yusra.Suedi@manchester.ac.uk
LinkedIn group: UoM Climate and Justice Study Group
Bluesky: @climatejusticeuom.bsky.social
Instagram: @climatejusticeuom
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