Emissions and extraction: unpacking the Finch ruling

On 20 June 2024, Supreme Court’s handed down its judgment in R(Finch on behalf of the Weald Action Group) v Surrey County Council and others [2024] UKSC 20. By a 3-2 majority, the Court held that the downstream, “scope 3” emissions associated with expanding oil production at a site in Surrey should have been taken into account by the local council when considering planning permission for the project.

The approval granted to the site was therefore unlawful. More broadly, the Court’s ruling means that proposed fossil fuel extraction projects in the UK will now have to undergo more rigorous and detailed EIAs and may ultimately be refused planning permission on that basis.

In an article first published by Law360, Simon Bishop, Alex Cooper, and Patrick Kenny consider how the judges came to their decision, what questions remain to be answer, and what impacts this will have on future litigation and planning applications.

To read the full article (subscription only)