A recent legal challenge by environmental campaigners against the approval of two new oil and gas fields in the North Sea has been upheld by a judge. The challenge was brought by Greenpeace and Uplift at the Court of Session in Edinburgh, contesting the decisions to grant consent to the Rosebank oil field north-west of Shetland and the Jackdaw gas field off Aberdeen. The campaigners argued that the UK Government and North Sea Transition Authority (NSTA) had acted unlawfully by not considering downstream emissions resulting from the burning of the extracted fuels in their environmental impact assessments.
The projects in question, the Rosebank field, and the Jackdaw field, were approved by the former Conservative-led UK government in 2022 and 2023, respectively. However, in a judgment published recently, Lord Ericht deemed the decision to grant consent as unlawful. He ruled that the consent should be “reduced” (quashed) and reconsidered, citing the public interest in authorities acting lawfully and the private interest of individuals in addressing climate change as paramount.
Lord Ericht emphasized the need to take into account downstream emissions in the decision-making process, stating that the effects of burning fossil fuels on climate change and individual lives are well-recognized in law. He ordered that no oil or gas extraction should take place before a new decision on consent is made, suspending the reduction to allow the companies involved to consider their options in the interim.
Following the ruling, Philip Evans, senior campaigner at Greenpeace UK, hailed it as a historic win, signaling the end of governments approving new drilling sites without considering their climate impacts. Tessa Khan, executive director of Uplift, also welcomed the decision, highlighting the importance of accounting for the significant climate harm caused by projects like Rosebank.
In response to the ruling, a Shell spokesperson urged swift action from the government, emphasizing the importance of the Jackdaw project for the nation’s energy security. Equinor also expressed their satisfaction with the outcome, allowing them to continue progress on the Rosebank project while awaiting new consents. The Department for Energy Security and Net Zero reaffirmed the government’s commitment to consider emissions from burning extracted oil and gas in environmental guidance to support industry, investment, and economic growth.
In conclusion, the ruling in favor of the environmental campaigners marks a significant step towards addressing the climate impacts of oil and gas extraction in the North Sea. As the government reconsiders its decisions in light of the court’s judgment, the focus on sustainable energy solutions and climate protection becomes increasingly vital for the future of the industry and the planet.
This article was written by Nick Forbes, a reporter for PA Scotland.
