The HS2 Action Alliance (HS2AA) and the London Borough of Hillingdon argued that the government has not complied with the Strategic Environmental Assessment (SEA) directive in relation to the project, which will link London with Birmingham, Manchester, Leeds and Sheffield.
The groups argue that the public had not been provided with sufficient information about the environment impacts of HS2 and reasonable alternatives to the project, which the SEA directive requires it to consider.
This is a breach of Article 7 of the Aarhus Convention, which requires effective public participation in plans or programmes relating to the environment, the groups argue.
The groups have also made a complaint against the European Union for not ensuring that the UK is in compliance with the Strategic Environmental Assessment Directive.
The Aarhus Compliance Committee has ruled that the case should receive a full hearing in Geneva in Switzerland. Charles Banner QC is representing HS2AA and the London Borough of Hillingdon.
Meanwhile, HS2AA has won the right to present its case to a cross-party group of MPs. The Transport Select Committee is to begin considering petitions by those affected by the project in September.
HS2AA is one of only two petitioners against the project whose case will be heard by the select committee. In total, 24 petitions against the project were submitted to the committee, but the Department for Transport and developer HS2 Ltd successfully challenged 22 of them.
Richard Harwood QC argued that HS2AA’s case deserved to be heard as it was a national group representing over 15,000 individuals and 100 organisations and their case was looking at route-wide environmental issues.