The US has a deep history of this kind of anti-fossil fuel lawfare.
Here are few previous examples of these tactics from the US:
The ongoing use of lawfare by activists around the world when they fail via politics and legislation now takes center stage in the UK.
The future of UK fossil fuels finds itself in the spotlight this week, with the case of Horse Hill oil extraction set to land in the Supreme Court on Wednesday. As reported by the BBC, this is:
“a challenge that could spell the end of new fossil fuel projects in the UK.”
This case is being brought by a Surrey woman, Sarah Finch, who is challenging the legality of a local oil drilling permit.
The basis of the contention lies in the consideration of ‘downstream emissions’ during the approval of planning permissions. As the BBC calls them:
“the greenhouse gas emissions released when the oil is used.”
Finch is arguing that Surrey County Council did not factor in the impact of such emissions, which she estimates could amount to 10 million tonnes of carbon dioxide over 20 years.
In making her case, Finch draws an analogy, saying,
“Planning authorities say that they don’t need to consider the climate impacts of the actual burning of the oil – just from the drilling. It’s like saying a chocolate cake is low calorie as long as you don’t eat it.”
However, in a response from Surrey County Council, a spokesperson stated,
“The County Council is required to determine planning applications in accordance with the Development Plan, the National Planning Policy Framework, national policy and other material considerations, as set out in legislation and case law.”
You know, the normal way policy is made in democratic societies.
As activists attempt to shut down all fossil fuel extraction, this is a lawfare strategy with national impact extending beyond the borders of Surrey. Katie de Kauwe, a lawyer for Friends of the Earth, noted,
“Developers are fighting court cases like this because they are very concerned that if decision-makers are confronted with the full carbon impacts of these projects, so with downstream emissions added, then they might think twice about granting them planning permission.”
If they can’t shut down drilling permission at the national level, these activists are attempting to bully local governments into compliance.
Adding to the case’s significance is the participation of external groups who have been invited by the court to provide additional evidence. These include West Cumbria Mining, a company recently given permission to open the first new coal mine in the UK in 40 years. The Office for Environmental Protection is also making its first intervention, stating that it is doing so because it
“wants legal clarity on how decision-makers conduct Environment Impact Assessments when assessing fossil fuel projects.”
The Horse Hill case underscores the complex legal battles at play in the energy production sphere. The outcome of this case could set a significant precedent for how these projects are evaluated and either greenlit or prohibited in the future.
A decision from the judges is expected to take three to six months.
HT/redge
via Watts Up With That?
June 22, 2023 at 12:56AM
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