Greenpeace raises the threat of new legal challenges to the UK’s oil and gas fields

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Greenpeace has raised the prospects of two planned new legal challenges to the UK oil and gas fields after the government showed support for the project, despite the government revoking their consent due to potential climate impacts.

The campaign group warned the energy sector that publishing comments by the Prime Minister and its prime minister could undermine new applications for consent from the Rosebank and Jackdaw Project, leaving the new decision vulnerable to legal agendas.

In a letter seen by the Financial Times, the Minister decided to decide on the application, saying, “Do not have a closed heart or a closed heart look” and “open persuasive that the project should not proceed.”

The letter highlights the difficult situation facing governments looking to move away from fossil fuels while maintaining investment in the North Sea. Last year’s election manifesto said Labour would not revoke existing oil and gas licences, but would not issue new ones for exploration.

Developed by Norwegian Equiner and UK Ithaca Energy, Rosebank is the UK’s largest undeveloped oil reserve and is believed to contain around 500 million barrels of oil. Jackdaw developer Shell says it can produce around 6% of the North Sea gas output.

Both projects have been licensed and agreed by the UK North Sea Regulatory Authority. However, following legal challenges from Greenpeace and Uplift, Scotland’s top civil court in January decided that consent should be reconsidered to take into account the carbon dioxide released when oil and gas are used.

Lord Ericht’s ruling in Session Court came when, following the landmark Finch decision in June 2024, the UK Supreme Court ruled that these so-called scope 3 emissions should be taken into account when granting planning permission.

The developers of Rosebank and Jackdaw must apply for consent again if they want to proceed with the project, and authorities must consider this in line with the court’s ruling. They have not yet reapplied, but are expected to do so, as they are waiting for new planning guidance from the government.

However, in an interview with the Sun last Sunday, Prime Minister Rachel Reeves appeared to support the project. “We said in our manifesto they would be respectful of their progress, their existing licenses, and we would be committed to doing that and they would,” she said.

The court’s decision only deals with consent, not the licenses that both projects still possess. Both are necessary for the project to move on.

In other comments highlighted by Greenpeace, Prime Minister Kiel told reporters:

Meanwhile, the Financial Times cited government allies, saying, “New applications need to pass through a new regime, but our position in existing areas is very clear.”

In a letter sent by the Legal Affairs Department, Greenpeace in particular said the Prime Minister’s comments “points to the emergence of an illegal advance decision, or at least the Secretary of State’s part of an illegal advance decision.”

It has been asking the government for all communications related to the project since January 1, and its “position is entirely reserved.”

An Equinor spokesman said the Rosebank project was “critical to UK economic growth” and “continued to work closely with regulators and business sectors to advance the project. Shell and the North Sea Transition Agency’s regulator declined to comment.

A government spokesperson said: “We cannot comment on individual projects or harm future decisions.

“We have already consulted about guidance, so we will provide certainty to the industry, support environmental goals, protect our jobs and bring economic growth.

“We will respond to this consultation as soon as possible, and developers can apply for consent under this revised administration.”

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