Greenpeace UK in court challenging the Rosebank and Jackdaw oil and gas fields

From 12-15 November 2024, the applications for judicial review brought by Greenpeace UK challenging the government’s grant of consents in respect of the Rosebank and Jackdaw oil and gas projects will be heard in the Court of Session. Uplift’s application for judicial review in respect of Rosebank is also being heard at the same time.

The Rosebank and Jackdaw fields are (respectively) oil and gas fields off the coast of Scotland in respect of which the UK government has granted development consents after concluding that there would be “no significant effects” on the environment from drilling there. Rosebank is being developed by Equinor and Ithaca Energy, whereas Jackdaw is being developed by Shell. Greenpeace argues that those grants are unlawful.  

The applications were stayed pending the determination of the Supreme Court in Finch. Now that it is clear post-Finch that Environmental Impact Assessments must take into account downstream scope 3 emissions from developments, the UK government has signalled that it will not seek to argue that the grants are lawful. As such, the hearings are expected to focus on the question of remedy. In particular, Shell, Ithaca and Equinor seek to argue that the grants of consent should not be reduced (equivalent to quashing), and that work on them should be allowed to continue.  

Finnian Clarke worked with Greenpeace UK as part of the preparation for this hearing, instructed by Jack Robirosa. Greenpeace UK are represented in the Court of Session by members of the Scottish bar, including Ruth Crawford KC and David Welsh.