Transport Action Networks's case, that Mr Shapps had not properly considered the impact of the multi-billion pound roads-building scheme on climate change objectives was arguable, said the Judge.
The Transport Action Network believes that a road building programme runs completely counter to strategies that will be needed to meet climate change targets.
Broadcaster and naturalist Chris Packham has threatened legal action against the Government over plans to destroy ancient woodlands from October onwards in preparation for the HS2 railway.