“UK Supreme Court Rules on Scope 3 Emissions in Landmark Finch Case: What You Need to Know”

The UK Supreme Court’s decision in the case of R (on the application of Finch on behalf of the Weald Action Group) v Surrey County Council and others has significant implications for the assessment of environmental impacts in planning decisions for oil and gas projects. The case centered around the grant of planning permission for the Horse Hill Well Site in Surrey, including the drilling of new wells for hydrocarbon production over a 25-year period.

The key issue before the Supreme Court was whether Surrey County Council was required to assess the scope 3 emissions resulting from the eventual combustion of oil produced by the wells as part of the environmental impact assessment (EIA) process. The Court ultimately ruled that scope 3 emissions must be considered in the EIA for petroleum extraction projects, overturning the decisions of the lower courts.

The decision highlights the importance of considering the full lifecycle impacts of oil and gas projects, including greenhouse gas emissions from the eventual use of the extracted hydrocarbons. The ruling clarifies that the EIA process is procedural in nature, focusing on how decisions are made rather than the substance of the decision itself.

The case originated from a challenge by Ms Finch, a local resident and climate activist, who raised concerns about the climate change impacts of the proposed development. The Supreme Court’s decision underscores the need for comprehensive assessments of environmental impacts in planning decisions, particularly in the context of fossil fuel projects.

The implications of the ruling extend beyond the specific case, potentially affecting the approval process for offshore oil and gas projects in the UK. While the decision does not prevent the granting of approvals for such projects, it emphasizes the importance of considering scope 3 emissions in the decision-making process.

Overall, the Finch case represents a significant victory for environmental activists seeking to hold authorities accountable for the environmental impacts of fossil fuel projects. The Supreme Court’s decision is expected to inspire further challenges to oil and gas developments in the UK, highlighting the growing importance of climate change considerations in planning decisions.