A judge has upheld a legal challenge by environmental campaigners against the decision to grant consent to two new oil and gas fields in the North Sea.
Greenpeace and Uplift brought the challenge at the Court of Session in Edinburgh over decisions to give approval to the Rosebank oil field north west of Shetland and the Jackdaw gas field off Aberdeen.
In a judgement published today, Lord Ericht said the decision to grant consent was unlawful, and ruled the consent should be “reduced” (quashed) and reconsidered.
Senior campaigner at Greenpeace UK Philip Evans said: “This is a historic win – the age of governments approving new drilling sites by ignoring their climate impacts is over.”
Protests taking place against the oil fields
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Climate activists from Greenpeace and Uplift during a demonstration outside the Scottish Court of Session, Edinburgh
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A judge has upheld a legal challenge by environmental campaigners against the decision to grant consent to two new oil and gas fields in the North Sea
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The former Conservative-led UK government approved Shell’s proposals to develop the Jackdaw field in 2022, and cleared Equinor and Ithaca Energy’s plans to drill in the Rosebank field in September 2023. Greenpeace and Uplift brought the challenge to the court over concerns about the impact on climate change.
In his published opinion, he said: “Having considered all the circumstances of the case and the various public and private interests, I have reached the conclusion that the balance lies in favour of granting reduction.
“The public interest in authorities acting lawfully and the private interest of members of the public in climate change outweigh the private interest of the developers.
“The factors advanced by Shell, Equinor and Ithaca in respect of their private interest do not justify the departure on equitable grounds from the normal remedy of reduction of an unlawful decision. The decisions will be reduced, and can be taken again, this time taking into account downstream emissions.”
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Climate activists from Greenpeace and Uplift during a demonstration outside the Scottish Court of Session, Edinburgh
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Executive director of Uplift Tessa Khan said: “This is a significant win which means that Rosebank cannot go ahead without accounting for its enormous climate harm.
“The continued burning of oil and gas is why we are seeing more extreme weather like Storm Eowyn and flooding that have claimed lives and caused hundreds of millions of pounds in damage and clean-up costs, not to mention the devastation it’s causing in other countries.
“Most people are now joining the dots with endless oil and gas drilling and are worried about the future.”
A Shell spokesman called for swift action from the Government in response to the ruling, adding: “Today’s ruling rightly allows work to progress on this nationally important energy project while new consents are sought.”
Climate activists from Greenpeace and Uplift during a demonstration outside the Scottish Court of Session
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They continued: “We have spent more than £800 million since the regulator approved Jackdaw in 2022. Swift action is needed from the Government so that we and other North Sea operators can make decisions about vital UK energy infrastructure.
“When operational, Jackdaw would provide enough fuel to heat 1.4 million UK homes, at a time when older gas fields are reaching the end of their production and the UK is reliant on imported gas to meet its energy needs.”
An Equinor spokesperson said: “We welcome today’s ruling and are pleased with the outcome which allows us to continue with progressing the Rosebank project while we await new consents. Rosebank is critical for the UK’s economic growth, with an estimated 77 per cent (£6.6bn) of total direct investment benefiting UK businesses.
“Equinor and its Rosebank JV partner, Ithaca, have already committed over £2.2bn on developing Rosebank – awarding vital contracts across the supply chain and employing personnel to deliver the work.”
Climate activists from Greenpeace and Uplift during a demonstration outside the Scottish Court of Session, Edinburgh
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A Department for Energy Security and Net Zero spokesman said: “The government has already consulted on revised environmental guidance to take into account emissions from burning extracted oil and gas to provide stability for industry, support investment, protect jobs and deliver economic growth.
“We will respond to this consultation as soon as possible and developers will be able to apply for consents under this revised regime.
“Our priority is to deliver a fair, orderly and prosperous transition in the North Sea in line with our climate and legal obligations, which drives towards our clean energy future of energy security, lower bills, and good, long-term jobs.”
