RE: Jackdaw and Rosebank legal challenge18 Nov 2024 09:53
A decision will be issued within 3 months, although the expectation is it will come sooner in the new year. I’ve already reached my ruling:
To remedy the error of law and to ensure that the decision-making process is informed by a comprehensive understanding of a project’s impact on the environment, an assessment of the impacts of greenhouse gas emissions, the downstream or scope 3 emissions, resulting from the eventual use of the oil and gas as fuel must be provided before commercial extraction of hydrocarbons can commence.
This required remedy does not alter the decisions to approve the relevant licenses or require the preparatory work to pause. This is for three reasons. First, per this ruling, an assessment of scope 3 emissions is required before any commercial extraction can commence. Without extraction there would be no downstream emissions. Second, the requirement is for an impact assessment. There is no acceptable or unacceptable level of downstream emissions to reference. Without such a reference point any decision by this court as to the acceptability or otherwise of the emissions would be completely arbitrary and out of scope for this court. The requirement is for the decision process to be informed, which it would be before extraction can commence. Third, with or without J&R proceeding to extraction, the projected consumption of oil and gas in the UK is far in excess of the projected production from the total UKCS. Aa a consequence, no production from J&R or export of any of its production would result in a corresponding import amount from production elsewhere. Therefore, with or without J&R proceeding to production, the downstream emissions in the UK (and worldwide) would not be materially different because downstream emissions are not driven primarily through the push of extraction but instead by the pull of consumer choices. Considering all of the above and that the companies acted to in good faith and according to the understanding of the law at the time, and the commercial damage implications, obliging an interrupting of preparations is considered wholly unjustified.