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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.’

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Ward Hadaway—Barnaby Rosenthall

Construction lawyer returns to Ward Hadaway in Teesside role

Bird & Bird—Shahin Baghaei

Bird & Bird—Shahin Baghaei

Bird Bird hires leading legal transformation expert

NEWS
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From forgotten interest claims to case-management appeals, a string of procedural developments offers useful—and occasionally cautionary—lessons for practitioners

Jonathan Fisher KC highlights that it now accounts for around 40% of criminal offences, with roughly 70% involving technology, and argues that the UK cannot simply prosecute its way out of the problem. Detection, investigation and prosecution all require improvement, while different fraud types demand tailored responses.

How forcefully can a litigant criticise a public authority before robust advocacy crosses the line into unreasonable conduct? 
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