Further to above Court of Session ruling will the UK Gov challenge on behalf of commercial interests?
https://www.thenational.scot/news/24896286.rosebank-north-sea-oil-field-legal-challenge-successful/
In a judgement published on Thursday, Lord Ericht said the decision to grant consent was unlawful, and ruled the consent should be “reduced” (quashed) and reconsidered.
In his published opinion, he said: “Having considered all the circumstances of the case and the various public and private interests, I have reached the conclusion that the balance lies in favour of granting reduction.
“The public interest in authorities acting lawfully and the private interest of members of the public in climate change outweigh the private interest of the developers.
“The factors advanced by Shell, Equinor and Ithaca in respect of their private interest do not justify the departure on equitable grounds from the normal remedy of reduction of an unlawful decision.
“The decisions will be reduced, and can be taken again, this time taking into account downstream emissions.”
He said there was a public interest in having the decision “remade on a lawful basis” because of the effects of climate change.
“The effect of the burning of fossil fuels on climate change and the lives of individual persons is now well recognised in law,” he explained.
He ordered that the reduction be suspended pending the Secretary of State’s re-consideration of the matter, which he said would give the companies “options” on how to proceed in the interim.
However, he said no oil or gas should be extracted before a new decision on consent is made.
posts
