The Supreme Court’s recent decision signifies a transformative moment for fossil fuel projects in the UK. This landmark ruling mandates that the full climate impact of new oil wells, including downstream emissions, must be considered.
This pivotal judgement emerged from a legal challenge against Surrey County Council, highlighting the importance of environmental assessments in planning permissions. The court’s decision is expected to reshape the landscape for future oil and gas ventures across the country.
Historically, UK planning law mandated the assessment of environmental impacts only during the construction phase of oil wells, ignoring the subsequent use of the produced oil. This precedent was challenged by Sarah Finch, on behalf of campaigners, against Surrey County Council. This challenge now poses a significant threat to new fossil fuel projects across the UK.
Though the Supreme Court did not order the rejection of Surrey County Council’s proposal for new oil wells, it ruled that the council should have considered the downstream emissions. This decision compels companies to account for these emissions in future project assessments.
The Supreme Court, with a three-to-two majority, agreed. Lord Leggatt summarised the decision, stating that it was “inevitable” the oil from the site would be burned, making the resulting greenhouse emissions a direct outcome that should be considered.
Stephen Sanderson, CEO of UK Oil & Gas PLC, described the ruling as “perplexing” but noted the company’s shift towards hydrogen storage to mitigate future environmental assessment requirements.
The Weald Action Group termed the ruling a “heavy blow for fossil fuel lobbyists,” emphasising the UK’s struggle to meet carbon reduction targets and its commitment to reducing emissions by two-thirds by 2030.
Finch’s triumph concludes a five-year legal battle, supported by environmental groups including Friends of the Earth and Greenpeace.
Sarah Finch celebrated the decision as a step towards a safer, fairer future, stating that it will be difficult for planning authorities to permit new fossil fuel developments now that their true climate impact is clear.
This decision underscores the increasing need for comprehensive environmental evaluations in planning permissions.
The Supreme Court’s decision has undeniably set a new precedent for future oil and gas projects in the UK by ensuring the consideration of downstream emissions.
This ruling could have far-reaching implications, influencing both national and international environmental assessment laws in the coming years.
