Landmark UK Supreme Court Ruling 'Slams Brakes' on New Fossil Fuel Projects

In a landmark decision that could spell doom for all new fossil fuel projects in the country, the United Kingdom's highest court ruled Thursday that local planning authorities unlawfully failed to consider the full planet-warming emissions impact when they approved a drilling initiative that was expected to yield more than 3 million tonnes of oil over two decades.

The most recent challenge to the closely watched drilling project was brought to the U.K. Supreme Court in 2023 by climate campaigner Sarah Finch, who argued that the Surrey County Council's granted permission for new oil wells at Horse Hill without taking into account future emissions from burning the fossil fuel produced at the sites—so-called "downstream" emissions.

In a 3-2 decision, the U.K.'s high court ruled that the Surrey council's approval of the Horse Hill drilling "was unlawful because the emissions that will occur when the oil produced is burnt as fuel are within the scope of the [environmental impact assessment] required by law."

"The oil and gas companies may act like business-as-usual is still an option, but it will be very hard for planning authorities to permit new fossil fuel developments."

Finch said Thursday that she is "absolutely over the moon to have won this important case."

"This is a welcome step towards a safer, fairer future," Finch continued. "The oil and gas companies may act like business-as-usual is still an option, but it will be very hard for planning authorities to permit new fossil fuel developments—in the Weald, the North Sea, or anywhere else—when their true climate impact is clear for all to see."

Friends of the Earth U.K., which backed Finch's legal challenge, called the court's ruling "a heavy blow for the fossil fuel industry," noting that the decision "could have ramifications for other proposed fossil fuel projects, such as the Whitehaven coal mine, as well as projects to extract oil from the North Sea."

Scientists have made clear that no new oil and gas projects are consistent with efforts to limit planetary warming to 1.5°C by century's end.

"If developers are now obliged to present the full climate impacts of their projects (instead of just a fraction of those impacts, as has largely happened up until now), then decision-makers may well think twice before granting them planning permission," Friends of the Earth U.K. said in a statement Thursday.

Extinction Rebellion U.K., another supporter of Finch's challenge, said Thursday's ruling effectively "slams brakes" on new fossil fuel projects in the country.

"Not only does today's Supreme Court ruling destroy [U.K. Oil and Gas'] plans to drill for up to 3.3 million tonnes of crude oil for 20 years at its Horse Hill site, near Gatwick Airport, but also has huge implications for all future fossil fuel projects in the U.K.," the organization said. "Neither the Cumbrian coal mine in Whitehaven nor the Rosebank oil field in the North Sea sought consent for their projects. Nor did they provide any information on downstream emissions in their environmental statements. Both projects are the subjects of legal challenges."