Sustained legal pressure from the Environmental Rights Centre for Scotland (ERCS) and Good Law Project won a commitment from the Scottish Government to publish its assessment of the climate impacts of its Infrastructure Investment Plan for Scotland 2021-22 to 2025-26. Back in September 2023, the Scottish Government admitted that its failure to produce a carbon assessment was in breach of the Climate Change (Scotland) Act 2009 and pledged to take urgent work to address the issue.

The published assessment, however, has now come under scrutiny. In a legal letter to the Scottish Government, ERCS and Good Law Project criticised the assessment for its lack of detailed analysis and concrete emissions calculations. These concerns come amidst the Climate Change Committee’s finding that Scotland is significantly off-track from meeting its 2030 net zero targets.

Whilst avenues for further legal action are limited, ERCS and Good Law Project have urged Scottish Ministers to reconsider their assessment. The two organisations warn the government that they will continue to closely monitor progress on net zero targets.

Dr Shivali Fifield, chief officer at ERCS, said: “Our legal pressure on the Scottish Government has forced them to finally publish their climate impact assessment they had been holding back for over two years. Scotland’s ministers and public bodies are not above the law, and this success shows that we can use it to demand transparency.

“But this assessment is not enough. We are deeply disappointed by the government’s lack of analysis – they neither provide any emissions calculations nor show whether infrastructure investment will deliver on their promised emission reductions. This is undoubtedly one of the many reasons why the Government is not going to meet their 2030 net zero targets as identified by the Climate Change Committee.

“ERCS will continue to press for clearer monitoring requirements and accountability mechanisms, so that the Scottish Government delivers on their climate obligations.”

Good Law Project legal director, Emma Dearnaley, said: “With legal pressure, we have helped to ensure ministers meet their commitments under Scottish climate legislation.

“However, with so much at stake for the climate and Scotland’s economy, the Scottish Government needs to raise the bar. We’re concerned that the climate impact assessment they’ve now provided fails to include concrete evidence that the infrastructure plan is compliant with Scotland’s vital net zero targets.”