Two Historic Wins for Public Interest Legal Fund Law for Change in Environmental Cases
The public interest legal fund, Law for Change, celebrates two major wins for environmental justice this week, with victories in the UK Supreme Court and the Northern Ireland Court of Appeal.
Surrey Hills Fracking Case:
● Read the Guardian’s coverage
In a challenge backed by Law for Change, the Supreme Court ruled yesterday (Thursday, 20th June) that Surrey County Council should have considered the full climate impact of burning oil from new wells—a landmark decision that could put future UK oil and gas projects in question. The claimant, Sarah Finch, was supported by Friends of the Earth, Greenpeace UK, and Law for Change, and was represented by Leigh Day.
Under planning law, the assumption had always been that only the impacts from constructing the wells, and not the use of the final oil products, should be considered. The case, brought against Surrey County Council by Sarah Finch on behalf of campaigners, will impose a far tougher test for new UK fossil fuel projects.
The case centred around the correct interpretation of the EIA Regulations 2017. The Supreme Court found that downstream greenhouse gas emissions are an indirect effect of the development and must—as a matter of law—be assessed before granting planning permission for fossil fuel development.
The Court recognized 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. Key to the Court’s conclusions was that such decisions must only be authorized after proper public involvement and with full knowledge of the environmental cost. Crucially, the Court acknowledged that climate change is a global problem and that the damaging impact of emissions on the climate is not limited to where they originate.
Law for Change co-founder, Stephen Kinsella said:
“This historic judgment has profound implications for the future assessment of UK fossil fuel projects and a number of environmental cases currently before the Courts.
We supported this case because we saw the potential that a positive judgment could have on clarifying the law for the public good by ensuring that the climate change repercussions of new fossil fuel developments are fully considered before planning applications are given the go-ahead.
Law for Change is proud to have supported this important Supreme Court challenge that will have a significant impact on the future of the planet and the UK’s ability to meet its carbon reduction targets.”
Leigh Day solicitor Carol Day said:
“Our client, Sarah Finch, is deeply grateful to Law For Change for supporting this case at a pivotal moment. The Supreme Court’s ground-breaking judgment has resulted in the quashing of the Horse Hill licence and established that the full extent of green-house gas emissions must be taken into account when decision-makers are considering these projects.
"This judgment not only has obvious implications for Horse Hill, but also to many other similar projects, such as the proposed coal mine in Cumbria and licences for oil exploration granted at Rosebank. Sarah and the whole legal team could not have brought this appeal without Law for Change’s strategic support.”
Larne Lough Gas Caverns Case:
● BBC News Story here
The Court of Appeal in Belfast handed down a judgment on Monday, 17 June 2024, in response to a legal challenge by Friends of the Earth Northern Ireland and No Gas Caverns against plans to construct seven massive, environmentally damaging gas storage caverns underneath Larne Lough.
The proposal involved using water to hollow out seven caverns, each the size of an average skyscraper. The campaigners argued that the scheme would lock Northern Ireland into fossil fuels for decades, despite a legally binding target of reducing emissions to net zero by 2050.
Friends of the Earth Northern Ireland and No Gas Caverns won on both grounds of appeal:
1. The failure to refer the applications to the Executive Committee.
2. The inclusion of an irrelevant consideration, namely the offer of a community fund to mitigate the impacts of the development.
The Court of Appeal agreed that the proposal was "cross-cutting in nature" and any marine license approval should have been referred to the Executive. This judgment confirmed that the previous Environment Minister acted irrationally in approving the marine license. The current Minister now has clear guidelines for making important environmental decisions, setting a precedent for future decisions.
Stephen Kinsella, Law for Change co-founder, said:
“Law for Change is proud to have backed this important environmental challenge in Northern Ireland. This judgment is significant not only for Larne Lough and Northern Ireland but also for energy security and climate protection across the UK, representing a crucial step towards exiting fossil fuels.”
No Gas Caverns campaigner Lisa Dobbie, said:
"We are so grateful to Law for Change for standing with us, a group of ordinary people forced to take extraordinary action against a government department and former Minister who acted unlawfully in approving this nature wrecking major fossil fuel infrastructure. Without Law for Change we would not have reached our financial goal for the case to be heard. It is incredibly difficult for citizens to access environmental justice in Northern Ireland, but with the actions of a very determined group of residents, an expert legal team and the generous support of Law for Change we fought for nature and our precious environment and won." No Gas Caverns
Maria O’Loan, Tughans lawyer said:
“Without the support of Law for Change it would not have been possible to bring this important Strategic Environmental Litigation. Law for Change has helped shape the way in which environmental decisions are taken in Northern Ireland for the better”
