header-logo header-logo

26 July 2024 / Douglas Maxwell
Issue: 8081 / Categories: Features , Environment , ESG , Climate change litigation
printer mail-detail

Climate change litigation: Divided but ruled

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

Hogan Lovells—Lisa Quelch

Hogan Lovells—Lisa Quelch

Partner hire strengthens global infrastructure and energy financing practice

Sherrards—Jan Kunstyr

Sherrards—Jan Kunstyr

Legal director bolsters international expertise in dispute resolution team

Muckle LLP—Stacey Brown

Muckle LLP—Stacey Brown

Corporate governance and company law specialist joins the team

NEWS

NOTICE UNDER THE TRUSTEE ACT 1925

HERBERT SMITH STAFF PENSION SCHEME (THE “SCHEME”)

NOTICE TO CREDITORS AND BENEFICIARIES UNDER SECTION 27 OF THE TRUSTEE ACT 1925
Law firm HFW is offering clients lawyers on call for dawn raids, sanctions issues and other regulatory emergencies
From gender-critical speech to notice periods and incapability dismissals, employment law continues to turn on fine distinctions. In his latest employment law brief for NLJ, Ian Smith of Norwich Law School reviews a cluster of recent decisions, led by Bailey v Stonewall, where the Court of Appeal clarified the limits of third-party liability under the Equality Act
Non-molestation orders are meant to be the frontline defence against domestic abuse, yet their enforcement often falls short. Writing in NLJ this week, Jeni Kavanagh, Jessica Mortimer and Oliver Kavanagh analyse why the criminalisation of breach has failed to deliver consistent protection
Assisted dying remains one of the most fraught fault lines in English law, where compassion and criminal liability sit uncomfortably close. Writing in NLJ this week, Julie Gowland and Barny Croft of Birketts examine how acts motivated by care—booking travel, completing paperwork, or offering emotional support—can still fall within the wide reach of the Suicide Act 1961
back-to-top-scroll