Finch Supreme Court ruling impacts potential UK oil and gas projects

The government has announced that it will not challenge the judicial review, brought by environmental campaign groups Greenpeace and Uplift, against the decision to grant consent to drill the Rosebank and Jackdaw oil fields in the North Sea. 

The drilling projects were approved by the previous government, with Rosebank being the largest untapped oil and gas field in the UK. Greenpeace and Uplift challenged the approvals and have argued that the approval of the oilfields ignored the impact of emissions from burning the extracted oil, was incompatible with the UK's international obligations and emissions targets, and would have negative impacts on the North Sea and its biodiversity.

The government's decision follows the Supreme Court's ground-breaking judgment in the case of Finch v Surrey County Council in June 2024, when it ruled that planning authorities must assess downstream greenhouse gas (GHG) emissions of a fossil fuel extraction project before deciding whether to grant planning permission for the development, under the Environmental Impact Assessment (EIA) Directive (and the EIA Regulations 2017).

The Supreme Court’s decision in Finch was the first of an apex court which addresses the interpretation of the EIA Directive in the context of fossil fuel extraction, and is also likely to be followed by courts in other jurisdictions. 

Our Marc Willers KC of the Garden Court Environmental Law and Climate Justice Team represented Sarah Finch, together with Estelle Dehon KC and Ruchi Parekh of Cornerstone Barristers. They were instructed by Rowan Smith, Carol Day and Julia Eriksen of Leigh Day solicitors.

Marc Willers KC said:

‘I am delighted to see that the Supreme Court’s groundbreaking ruling in the Finch case is having such wide ramifications for fossil fuel development in the UK. No longer will decision-makers be able to ignore the impact that oil and gas projects will have on global warming when deciding whether to grant consent for such projects.

Instead, they will have to acknowledge and take account of the fact that fossil fuel extraction will inevitably exacerbate the climate emergency and put us all in even greater danger before deciding whether to grant planning permission for such a project. Faced with that knowledge, I think that many decision makers will do the right thing for the sake of the planet, our children and future generations and refuse consent.’

The Department for Energy Security and Net Zero announced that the government would consult on new environmental guidance to be issued on oil and gas projects in light of the Supreme Court ruling in Finch.

See press coverage: BBC News, The Guardian, The Telegraph

Sarah Finch will be talking about her case and its implications on 11 September 2024 at the Garden Court Chambers hybrid seminar: 'Hot Tips on Litigating to Cool the Planet and Freeze the Assault on Nature'. Book a place here.