Historic win as Supreme Court upholds landmark climate case on oil drilling near Gatwick Airport

It has been branded as an ‘historic win’ as the Supreme Court upheld the landmark climate case on oil drilling at Horse Hill in Horley.

The ground-breaking judgment could have ‘profound implications’ for new fossil fuel projects, including Cumbrian coal mine and North Sea oil and gas fields – according to the Friends of the Earth network.

A spokesperson for the network said: “Surrey County Council acted unlawfully by giving planning permission for oil production at Horse Hill in the Surrey countryside without considering the climate impacts of when the oil is inevitably burned, the Supreme Court has ruled today (Thursday, June 20).

"The judge said that planning permission for four new oil wells and 20 years of oil production at Horse Hill will now be quashed.”

The judgment follows a legal challenge brought by former Surrey resident Sarah Finch, on behalf of the Weald Action Group, and supported from the start by Friends of the Earth as a legal intervener.

The case challenged Surrey County Council’s decision to grant planning permission for oil drilling at Horse Hill, near Gatwick Airport.

“It could have enormous impacts on all new UK fossil fuel developments – including proposals for a controversial new coal mine in Cumbria and North Sea oil and gas projects,” the spokesperson added.

“Ms Finch argued that the environmental impact assessment carried out by Surrey County Council – which declared a climate emergency in 2019 – should’ve considered the climate impacts that would inevitably arise from burning the oil, known as ‘Scope 3’ or ‘downstream’ emissions.

"This didn’t happen, despite the reality that more than ten million tonnes of carbon emissions would be produced when the oil is burnt.

"Scope 3 emissions are increasingly being left out of environmental impact assessments when planning applications are made for fossil fuel projects, including plans for a new coal mine on Cumbria and new North Sea oil developments, despite the huge impact they’d have on the escalating climate crisis.”

The Friends of the Earth said the UK is already ‘veering dangerously off track’ for meeting its legally binding carbon reduction targets and its international pledge to reduce emissions by two-thirds by 2030.

The network said the Supreme Court ruling means that the landscape around the granting of planning permission for fossil fuel extraction ‘has been fundamentally changed’.

They added: “Going forwards, it will be harder for fossil fuel developers to get consent for their projects. The judgment is very clear that the inevitability of the end-use emissions of this oil project meant they were indirect effects of the development, and so needed to be factored into the environmental impact assessment.

"As is recorded in the Supreme Court’s judgment: ‘The whole purpose of extracting fossil fuels is to make hydrocarbons available for combustion’.”

In giving the majority judgment, Lord Leggatt said: “I do not accept the premise that it would be wrong for a local planning authority, in deciding whether to grant planning permission, to take into account the fact that the proposed use of the land is one that will contribute to global warming through fossil fuel extraction.”

The government’s decision to give the go-ahead to a new coal mine in Cumbria in December 2022 proved controversial.

The carbon emissions from burning the extracted coal were ‘not included in the developer's environmental statement’, the Friends of the Earth said.

The network, along with local campaign group South Lakes Action on Climate Change (SLACC), have brought legal challenges to the Secretary of State’s decision in the High Court, which will take place on July 16-18.

Uplift and Greenpeace are challenging the government’s decision to allow development of Rosebank, the UK’s largest untapped North Sea oilfield, which ‘could also be impacted’.

Friends of the Earth lawyer Katie de Kauwe said: “This historic ruling is a watershed moment in the fight to stop further fossil fuel extraction projects in the UK and make the emissions cuts needed to meet crucial climate targets. It is a huge boost to everyone involved in resisting fossil fuel projects.

“Gas, oil and coal companies have been fighting tooth and nail to avoid having to account for all the climate-harming emissions their developments cause. Now, the highest court in the country has ruled that planning permission for an oil project was granted unlawfully because there was no consideration of its full climate impact.

“This judgment will make it harder for new fossil fuel projects to go ahead. They can no longer claim that downstream emissions are someone else’s problem. Now, when fossil fuel companies apply for planning permission, it follows from the Supreme Court’s judgment, that the end-use emissions must be considered by the planning authority.

“This is a stunning victory for Sarah Finch and the Weald Action Group, after nearly 5 years of grit and determination, in going to court year after year against adversaries with far greater financial resources than they have. Despite setbacks in the lower courts, they never gave up. Friends of the Earth is incredibly proud to have supported Sarah and this ground-breaking challenge through all its legal stages.”

Campaigner Sarah Finch said she was ‘absolutely over the moon’ to have ‘won this important case’.

She added: “The Weald Action Group has always believed it was wrong to allow oil production without assessing its full climate impacts, and the Supreme Court has shown we were right.

“This is a welcome step towards a safer, fairer future. The oil and gas companies may act like business-as-usual is still an option, but it will be very hard for planning authorities to permit new fossil fuel developments – in the Weald, the North Sea or anywhere else – when their true climate impact is clear for all to see.

“I thank the Weald Action Group, Friends of the Earth and everyone who has been part of the long campaign to win this result. And I thank my lawyers for their commitment and hard work.”