Oil giants and campaigners in court in first test for North Sea oil and gas since landmark ruling

Shell and Equinor to concede permits are unlawful but argue they should be allowed to continue

A crucial judicial review into Rosebank and Jackdaw is set to begin in the Scottish Court of Session in Edinburgh this morning. The hearing will be the first test of how the landmark Supreme Court ruling in the Finch case will be applied to North Sea oil and gas developments, something that the climate movement, industry and the government will be paying close attention to. 

Photos of the climate rally outside the Scottish Court of Session available here.

This comes as the Financial Times revealed last night that the oil companies involved have conceded that the development consents for the controversial oil and gas fields are unlawful because they were waived through without assessing the full impact of their emissions.

Throughout the judicial review hearing Greenpeace will argue that the impact of emissions caused from burning the oil and gas extracted from the Rosebank and Jackdaw fields was unlawfully ignored by the companies and the previous government. After the Supreme Court ruled in June that these emissions must be taken into account, the government decided it would not defend the cases – a tacit acceptance of the illegality of the permits. Something that the oil companies now too appear to accept. 

Lord Deben, former chairman of the Climate Change Committee, has intervened ahead of the case to say that Rosebank and Jackdaw should never have been approved by the previous government. During his intervention, the Conservative peer also said that these fields will do nothing to help the UK’s energy security or lower our bills because the oil and gas will be sold on the international market, debunking one of the key myths touted by Shell, Equinor and Ithaca. 

This comes as climate activists held a rally outside the Scottish Court of Session in Edinburgh this morning in support of Greenpeace and Uplift. Uplift’s Rosebank case will also be heard during the same hearing, which is expected to last up to four days.

This now leaves the Scottish Court of Session to decide whether the oil companies should be allowed to extract and sell the oil and gas at Rosebank and Jackdaw – even though they didn’t have proper checks for their impact on the climate. Greenpeace will argue that burning the oil and gas whilst ignoring its harmful effects is both illegal and unsafe in the middle of the climate crisis and that this means the permits for both Rosebank and Jackdaw must be revoked. 

Philip Evans, senior campaigner at Greenpeace UK, said:

“Earlier this year, the Supreme Court made it crystal clear that the climate impact of emissions from burning fossil fuels must be assessed before any new oil and gas projects can be approved.

“It’s these types of emissions that are causing the climate chaos we’re seeing all over the world, from floods in Spain, wildfires in Brazil, and hurricanes in the US. They are destroying homes and livelihoods – but oil companies want to keep drilling for maximum profits whilst ignoring the damage they’re doing.

“That’s why we are taking Shell, Equinor and Ithaca to court to stop them in their tracks. Right now, they are continuing to develop these unlawful new fields putting people and our climate at further risk. It’s time they stop trying to con the public, the courts, and the government and immediately stop these reckless and unlawful projects.”

Lord Deben, former chairman of the Climate Change Committee, said: 

 “If Britain wants the world to move away from fossil fuels it has to show the way, and that means no new expansion in the North Sea. 

“Rosebank and Jackdaw should never have been approved by the previous government.

“These fields will do nothing to help the UK’s energy security or lower our bills because the oil and gas will be sold on the international market. They will only fuel more floods, fires and droughts all over the world.”

Ends

Notes to Editors

1. Contact: For background on the legal case or to arrange an interview with a spokesperson please contact florri.burton@greenpeace.org / 07971177378
2. Photos of the rally are available here
3. UK made legal error in granting oil and gas licences, companies will admit