header-logo header-logo

Climate change litigation: Divided but ruled

26 July 2024 / Douglas Maxwell
Issue: 8081 / Categories: Features , Environment , ESG , Climate change litigation
printer mail-detail
183112
‘Downstream’ CO₂ emissions & causation: Dr Douglas Maxwell analyses the judgments of a divided Supreme Court
  • An in-depth explainer of the Supreme Court decision in Finch, including the background to the case, as well as the majority and dissenting judgments.
  • Includes an analysis of the decision, explaining the most likely impacts the decision will have on other projects and future climate change litigation.

On 20 June 2024, the Supreme Court handed down (a 3-2 majority) judgment in R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20, [2024] All ER (D) 71 (Jun). Lord Leggatt, who wrote the judgment for the majority, described it as ‘plain’ that the requirement to consider the ‘direct or indirect... effects of the project’ to extract oil meant that the environmental impact assessment (EIA) should include not just the greenhouse gas emissions directly arising from the project but also an assessment of emissions that will occur ‘downstream’ (sometimes referred to as ‘scope 3’ emissions) when the oil produced from

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

NLJ career profile: Liz McGrath KC

NLJ career profile: Liz McGrath KC

A good book, a glass of chilled Albarino, and being creative for pleasure help Liz McGrath balance the rigours of complex bundles and being Head of Chambers

Burges Salmon—Matthew Hancock-Jones

Burges Salmon—Matthew Hancock-Jones

Firm welcomes director in its financial services financial regulatory team

Gateley Legal—Sam Meiklejohn

Gateley Legal—Sam Meiklejohn

Partner appointment in firm’s equity capital markets team

NEWS

Walkers and runners will take in some of London’s finest views at the 16th annual charity event

Law school partners with charity to give free assistance to litigants in need

Could the Labour government usher in a new era for digital assets, ask Keith Oliver, head of international, and Amalia Neenan FitzGerald, associate, Peters & Peters, in this week’s NLJ

An extra bit is being added to case citations to show the pecking order of the judges concerned. Former district judge Stephen Gold has the details, in his ‘Civil way’ column in this week’s NLJ

The Labour government’s position on alternative dispute resolution (ADR) is not yet clear

back-to-top-scroll