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Legal challenge against two North Sea oil and gas projects set for court hearing 

The judicial review cases, initiated by climate campaign groups Uplift and Greenpeace, target the Rosebank and Jackdaw developments.  

Shivam Mishra September 26 2024

The legal challenges against two North Sea oil and gas projects will proceed after Scotland's highest civil court scheduled a hearing for 12 November.  

The judicial review cases, initiated by climate campaign groups Uplift and Greenpeace, target the Rosebank and Jackdaw developments.  

According to the Financial Times, the project operators may have to reapply for planning permission under a Labour Government, which is less supportive of domestic fossil fuel development than its predecessor. 

The Rosebank project, developed by Equinor and its partner Ithaca Energy, is expected to contribute around 7% to the UK's oil production.  

Shell's Jackdaw development is projected to supply enough gas to heat approximately 1.4 million UK homes.  

Both projects received development consent in 2023 and 2022, respectively, under a conservative government that supported increased domestic oil and gas output. 

Campaigners, however, contend that the government should have considered the Scope 3 emissions resulting from the end-use of the oil and gas, such as in vehicles, boilers and power stations.  

These emissions are a point of contention, with Greenpeace and Uplift arguing in court that ignoring the climate impacts of burning these fossil fuels is both illegal and unsafe.  

Additionally, they claim that the Rosebank project would harm a protected area in the North Sea and its marine life. 

The legal challenges from both environmental organisations are directed against the UK Government's approval of the oilfield and will be heard in the Scottish Court of Session.  

The government has chosen not to contest the judicial review applications.  

Greenpeace UK climate team leader Mel Evans, as reported by the Evening Standard, said: “It is welcome news that we have permission on all of our legal grounds to challenge Rosebank and Jackdaw in two months’ time. 

“We will continue to fight the corporate greed of fossil fuel companies like Equinor, Shell and Ithaca, and we look forward to our day in court.” 

A spokesperson for Equinor stated that the company does not comment on ongoing litigation, emphasising that the Rosebank project is crucial for the UK as it will provide investment, jobs and energy security. 

Shell’s representative said that no decision has been made regarding the case's substance and that the company plans to argue in November for the continuation of existing consents to develop Jackdaw.  

Shell added that it “will argue that Jackdaw is a vital project for UK energy security that is already well under way”. 

Ithaca Energy chose not to comment. 

Uplift executive director Tessa Khan added: “With every passing month, the evidence against a huge project like Rosebank mounts up, whether that is months of flooded fields damaging UK food production, or extreme temperatures and lethal flooding across Europe. 

“This case is about protecting ourselves against the worsening climate crisis and putting an end to oil and gas industry profiteering.” 

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