The Finch ruling on ‘downstream’ emissions in environmental impact assessments is a seminal judgment by the Supreme Court
Writing in this week’s NLJ, Dr Douglas Maxwell, Henderson Chambers, analyses the majority and dissenting judgments in depth and assesses the likely impact of the case.
Maxwell writes: ‘Much has been made of the potential for wider implications and the degree to which the decision of the majority follows a pattern where judges are increasingly open to arguments that legal instruments encompass climate change considerations.’
As Maxwell notes, the decision has already had an impact on two major projects.
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