UK Government Admits Legal Breach in Approval of Rosebank Oil Field
ICARO Media Group
### UK Government Admits Unlawful Approval of Major Oil Field
In a surprising legal admission, the UK government has conceded that its approval of the country’s largest untapped oilfield, Rosebank off Shetland, was unlawful. This acknowledgment surfaced during a case brought forward by climate activists against both Rosebank and the North Sea’s Jackdaw gas field.
The Court of Session in Edinburgh heard from Chris Pirie KC, representing the government, who admitted that the environmental assessments for Rosebank failed to consider "the effects on climate of the combustion of oil and gas to be extracted from the fields." Rosebank received approval on 27 September 2023, and Jackdaw on 1 June 2022, decisions made by the previous Conservative administration.
According to established protocols, the government was required to evaluate environmental impact assessments comprehensively. While their assessments accounted for emissions from the extraction process, they did not include the greenhouse gases that would be released when the fossil fuels were eventually burned. This oversight was highlighted in June by the UK Supreme Court in a separate case concerning an oil well near London’s Gatwick Airport, which ruled that both extraction and combustion emissions should be included in such assessments.
Environmental organizations Greenpeace and Uplift are pushing for a judicial review, insisting that operations at Rosebank and Jackdaw should be halted until thorough environmental impact assessments are completed. If Lord Ericht rules in their favor, the current Labour government, led by Sir Keir Starmer, could ultimately decide the future of these drilling projects.
Mr. Pirie indicated that Energy Secretary Ed Miliband’s current position is not to restart the entire assessment process but to acquire additional information specifically related to the climate impact of burning the fuels before making a new decision.
The companies involved, including Shell, Equinor, and Ithaca Energy, argue that they should be allowed to continue operations since the permissions were granted in good faith based on the legal framework at the time. Representing Shell, Christine O'Neill KC stated that halting the Jackdaw project temporarily could effectively bring it to a permanent end, a claim which Lord Ericht questioned. Ms. O’Neill maintained that Shell had relied lawfully on the government’s consent and should not face penalties for doing so.
She also challenged the environmental groups' assertion that Jackdaw would significantly impact climate and human health, suggesting that the contribution of any single project to climate change is a complex matter. Although Shell acknowledged an "error of law" occurred in the government’s approval, they contested the immediate implications of any disruption to their operations.
The discussions are set to continue, with Lord Ericht’s judgment anticipated to take several weeks or even months. Meanwhile, the global climate conversation continues, with scientists and leaders convening at the UN’s annual climate talks in Azerbaijan, where topics such as the warming effect of airplane vapour trails are under examination.