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26 June 2024
Issue: 8077 / Categories: Legal News , Environment , Climate change litigation
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Landmark climate judgment

Planning permission for oil extraction at Horse Hill, Surrey, must take into account the environmental impact of combustion emissions when the crude oil is refined and burned, the Supreme Court has held in a landmark judgment

Surrey County Council accepted an environmental impact assessment (EIA) which assessed only direct releases of greenhouse gases (GHGs) at the site.

The council argued combustion emissions could not as a matter of law be regarded as environmental effects of the project, and the decision of whether the combustion emissions were effects of the project was a matter of evaluative judgement for the council.

By a 3–2 majority decision, however, the Supreme Court held the council’s decision was unlawful, in R (Finch on behalf of Weald Action Group) v Surrey County Council & Ors [2024] UKSC 20, [2024] All ER (D) 71 (Jun).

Delivering his judgment, Lord Leggatt said: ‘The EIA Directive does not, as I interpret it, impose obligations which are impossibly onerous and unworkable. In particular, only effects which evidence shows are likely to occur and which are capable of meaningful assessment must be assessed.’

Dissenting, Lord Sales said that the EIA Directive ‘should not be given an artificially wide interpretation’.

Rowan Smith, senior associate, Leigh Day, representing Finch, said: ‘The court recognised that, because there was no doubt the oil would be burnt and release damaging [GHG] emissions into the air, such climate impact was an indirect effect of the project and should have been assessed as part of it.

‘Crucially, the court recognised that climate change is a global problem and that the damaging impact of emissions on the climate is not limited to where they originate. This truly historic judgment has very significant implications for the future assessment of fossil fuel projects and a number of cases currently before the courts.’

MOVERS & SHAKERS

Jurit LLP—Caroline Williams

Jurit LLP—Caroline Williams

Private wealth and tax team welcomes cross-border specialist as consultant

Freeths—Michelle Kirkland Elias

Freeths—Michelle Kirkland Elias

International hospitality and leisure specialist joins corporate team as partner

Flint Bishop—Deborah Niven

Flint Bishop—Deborah Niven

Firm appoints head of intellectual property to drive northern growth

NEWS
Talk of a reserved ‘Welsh seat’ on the Supreme Court is misplaced. In NLJ this week, Professor Graham Zellick KC explains that the Constitutional Reform Act treats ‘England and Wales’ as one jurisdiction, with no statutory Welsh slot
The government’s plan to curb jury trials has sparked ‘jury furore’. Writing in NLJ this week, David Locke, partner at Hill Dickinson, says the rationale is ‘grossly inadequate’
A year after the $1.5bn Bybit heist, crypto fraud is booming—but so is recovery. Writing in NLJ this week, Neil Holloway, founder and CEO of M2 Recovery, warns that scams hit at least $14bn in 2025, fuelled by ‘pig butchering’ cons and AI deepfakes
After Woodcock confirmed no general duty to warn, debate turns to the criminal law. Writing in NLJ this week, Charles Davey of The Barrister Group urges revival of misprision or a modern equivalent
Family courts are tightening control of expert evidence. Writing in NLJ this week, Dr Chris Pamplin says there is ‘no automatic right’ to call experts; attendance must be ‘necessary in the interests of justice’ under FPR Pt 25
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