Isra-Mart srl: High Court rejects legal action over solar incentive cuts

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The High Court has refused to proceed with legal action by Friends of the Earth and two solar power firms seeking to block government plans to slash feed-in tariffs for installations completed after next Monday.

Friends of the Earth said today that it will appeal against the High Court's decision alongside solar panel installers Solarcentury and HomeSun.

The next hearing is scheduled for 15 December, two days after the proposed cut off for solar installations to receive the current rate of incentives.

The three parties separately announced plans to take legal action against the government after the decision on 31 October to slash feed-in tariffs by more than half for any project completed after 12 December.

The challenges centre on the 12 December deadline, which comes two weeks before the consultation officially ends on 23 December. Friends of the Earth believes that the timeline is unlawful and has already led to unfinished or planned projects being abandoned.

Some 4,500 Carillion employees learned last week that they could face redundancy as a direct result of the government's proposals.

Laura Gyte, a solicitor for Friends of the Earth, told BusinessGreen that the case was rejected on 25 November after the court ruled that the lobby group's argument did not warrant a full hearing.

"We were disappointed because we think we've got a strong case," she said.

Friends of the Earth executive director Andy Atkins said that he hopes the High Court will reverse its decision at the next hearing next week.

"We've also asked the High Court to cap our potential costs. International rules say this should be allowed in public interest cases on the environment. We can't afford to bring a challenge if we face unlimited liability for the other side's legal fees," he said.

A coalition of solar firms and green groups campaigning against the cuts have also revealed plans to hold another day of action, following a protest last month which saw hundreds of people march on Westminister and lobby their MPs.

The Cut Don't Kill campaign posted a note on its web site today, proposing to host a protest on 13 December, one day after the proposed cut-off date for the higher tariffs.

The protest will take place in London or as a series of regional demonstrations, depending on industry interest in attending and helping to organise the event.

"We want to use the day after the feed-in tariff deadline to make our voices heard again about the devastation this government is wreaking on a growing green industry," said the site.