In a decision dated June 20, 2024, the UK Supreme Court ruled that the local authority’s decision to grant a license to a developer to operate six oil wells at Horse Hill, Surrey, was unlawful. In particular, it was a question of the inadequacy of the scope of the environmental assessment.
The proponent had argued that the environmental assessment should be limited to the “direct effects” of its operation, that is to say the greenhouse gas emissions due to the extraction of oil, within the limits of the site of the drilling and the lifespan of the project (planned over twenty years). Argument accepted by Surrey County Council, which granted the requested permit.
In response, a local resident, supported by several environmental protection associations (1), appealed to the High Court to have the decision to issue the permit annulled, on the grounds that the scope of the environmental assessment was insufficient, and did not take into account the greenhouse gas emissions resulting from the inevitable combustion of the oil extracted from these wells. The associations estimated the carbon dioxide that would be emitted downstream (so-called Scope 3 emissions) at 10 million tonnes due to the future combustion of the extracted oil. However, the High Court, then the Court of Appeal, both rejected the request. The plaintiffs then appealed to the Supreme Court. The latter, acceding to the applicants’ request, deemed the permit illegal, considering that the emissions downstream of the project should have been taken into account in the environmental assessment.
“ Gas, oil and coal companies have fought tooth and nail to avoid having to account for all the climate-damaging emissions their developments cause. Now the country’s highest court has ruled that the permit for an oil project was granted illegally because there was no consideration of its full climate impact », Welcomes Katie de Kauwe, lawyer for Friends of Earth, the association involved in the case.
“ This truly historic judgment has very important implications for the future evaluation of fossil fuel projects and for several cases currently before the courts », Adds Rowan Smith, lawyer at Leigh Day and representative of the requesting parties.
Article published on June 24, 2024
