The Finch case concerned an application for planning permission to expand oil production from a well site at Horse Hill near Horley in Surrey. The proposed project would involve the extraction of oil from six wells over a period of 20 years. The Developer argued that the assessment of environmental impacts should be restricted to the direct releases of greenhouse gases from within the well site boundary during the lifetime of the project; and that the EIA need not include an assessment of the greenhouse gas emissions that would occur when the oil extracted from the wells was ultimately burnt elsewhere as fuel. The council accepted this approach.

 

The Supreme Court has ruled that the planning authority should have considered the downstream impacts of the burning of oil once extracted from the well. This marks a step change from previous interpretations of the EIA Regulations. Whilst the decision has very obvious implications for projects which involve the extraction of fossil fuels, it remains to be seen what the implications of the decision will be for fossil fuel storage projects.

 

 

Read the full Judgement given: uksc-2022-0064-judgment (1)

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