IN THE SUPREME COURT OF THE UNITED KINGDOM 22 MARCH 2012 Before: Lord Brown ‘Lord Kerr Lord Reed R (on the application of Friends of the Earth and others (Respondents) and others » Secretary of State for Energy and Climate Change (Appellant) AFTER CONSIDERATION of the application filed on behalf of the Appellant seeking. permission to appeal the order made by the Court of Appeal on 26 January 2012 and of the notice of objection filed by the Respondents ‘THE COURT ORDERED that a 2 permission to appeal BE. REFUSED becanse the application does not raise an arguable Point of law of general public importance which ought to be considered by the ‘Supreme Court ar this time, beating in mind that the case has already been the subject of judicial decision and reviewed on appeal and because paragraph 16 of the Court of Appeal's judgment disposes of the proposed argument based on the subject of the challenge being only a proposal the Appellant pay the Respondents’ costs of the application and, where the Respondents apply for costs, the costs to be awarded be assessed. LLeytes Az otis, Registrar 22 March 2012