Campaigners reacted with anger and disappointment today after the Supreme Court rejected their legal challenge to scupper the Government’s controversial HS2 rail link.
While minsters said the decision ‘vindicated’ their handling of the high-speed project, protest groups vowed to ‘fight on’.
The decision came after the highest court in the land heard accusations that the Government was ‘cutting corners’ to push through the project, in breach of European environmental laws.
Lawyers also argued that the parliamentary hybrid Bill procedure being used by MPs was inappropriate.
Protesters had claimed that the Government had failed to consult as widely as it had promised and to properly consider alternatives to its preferred scheme.
But today seven Supreme Court justices unanimously rejected the challenge and backed the Government’s case.
The judges ruled: ‘There is no reason to suppose that MPs will be unable properly to examine and debate the proposed project.’
They also ruled there was no need for the court to refer the case to the Court of Justice of the European Union (CJEU).
Ministers welcomed the decision and said it proved the Government’s stance had been ‘fully vindicated’.
The legal challenge was made by objectors including the HS2 Action Alliance (HS2AA), Heathrow Hub campaigners and local councils along the proposed route in a bid to force reconsideration of the scheme to link London, the Midlands and the North.
Emma Crane, campaign director of the HS2 Alliance, said of the ruling: ‘We are very disappointed, but it is absolutely not the end of the road. We believe this is a wrong decision.’
She said: ‘We believe the Government are effectively sidestepping their obligations. It is not for the Government to ride roughshod over these obligations. This is a worrying precedent. That is why we have got to keep pushing.’
She added: ‘We will make a complaint to the European Commission to say the UK Government has not complied with its European law obligations on the environment. We are speaking to our lawyers.’
Responding to the Supreme Court ruling, Transport Minister Baroness Kramer said: ‘We welcome that the Supreme Court has unanimously rejected the appeal, which addressed technical issues that had no bearing on the need for a new north-south railway.
‘The Government's handling of the project has been fully vindicated by the highest court in the land. We will now continue to press ahead with the delivery of HS2.’
David Elvin QC, appearing for campaigners at HS2AA, told the Supreme Court at a hearing in October that the case concerned ‘the most important strategic rail decision this country has taken at least for a generation’.
The first phase of the high speed line from London to Birmingham is due for completion in 2026, with a second phase, taking the line on a Y-shaped route to north west and north east England, due to be finished in 2032/33.
The Hybrid Bill needed to make the HS2 scheme law has also been delayed on its passage through Parliament after the Government was his week forced to extend by 16 days to February 10 the consultation period for interested parties to tread the 50,000-page environmental report.
The Department for Transport has described HS2 as ‘absolutely vital for this country if we are to meet the urgent capacity needs we face’.
Mr Elvin told the Supreme Court that the Government had failed to consult as widely as it had promised and to consider properly alternatives to its preferred scheme.
He asked the judges, headed by Supreme Court president Lord Neuberger, to overturn an appeal court 2-1 majority upholding the scheme.
But the court rejected his application for a declaration that Government transport chiefs unlawfully failed to carry out a strategic environmental assessment (SEA), in breach of an EU directive.
The seven judges - Lord Neuberger sitting with Lady Hale, Lord Kerr, Lord Reed, Lord Mance, Lord Sumption and Lord Carnwath - also rejected a further challenge brought by local councils led by the London Borough of Hillingdon over a second EU directive - the Environmental Impact Assessment Directive (EIAD).
The councils unsuccessfully argued that the parliamentary hybrid Bill procedure, which is to be used to push through the project, is not capable of achieving the objectives of the environmental directive.
Hybrid Bills are used to reflect both the public importance of proposed legislation and also the impact on private individuals or groups.
Objectors say it will cost far too much to get HS2, as currently envisaged, up and running. The estimated cost is £50billion - but London Mayor Boris Johnson and others have predicted it will eventually cost more than £70billion.
Mr Elvin told the panel of judges that at least 10 sites of special scientific interest, more than 50 ancient woodlands, four Wildlife Trust reserves and numerous local wildlife sites were on the proposed HS2 route. Some 170,000 homes are within 1km (0.6 miles) of it.
Penny Gaines, chair of the StopHS2 campaign group said: ‘We are disappointed with this decision.
‘However, even though they have been taken to court over these matters, HS2 Ltd are still treating the environmental regulations as box ticking operations. ‘
She added: ‘This is not a game: if it goes ahead HS2 will affect the areas it blasts through for ever both in urban areas and the countryside. We have a duty to future generations to make sure that the environment is protected.’
Joe Rukin, Campaign Manager for Stop HS2 said: ‘The court have ruled on a point of law, saying that HS2 haven't acted illegally, but the fact remains that HS2 Ltd have acted unfairly and irresponsibly right from the start.
‘The Government will try and paint this as a positive, but the reality is that HS2 is being rushed through without due diligence.’
But Baroness Kramer said: ‘The new north-south line will provide extra space for more trains and more passengers to travel on the network, delivering additional capacity where it is most needed.
‘HS2 will also generate thousands of jobs across the UK and provide opportunities to boost skills.’
She added: ‘It is part of the Government's long-term economic plan to build a stronger, more competitive economy and secure a better future for Britain.
‘HS2 is also essential in helping rebalance UK growth - bringing greater prosperity to the Midlands and the North - and we are continuing with the crucial business of getting the scheme ready for construction in 2017.’
