Net Zero and downstream emissions in Court of Appeal this week
Inquests and Inquiries, Local Government, Planning and Environment, Public Law and Judicial Review
On 16-17 November 2021, the Court of Appeal will hear an appeal against the judgment of Holgate J in R (Finch) v Surrey County Council  EWHC 3566 (Admin).
The case concerns a proposal to retain and expand the Horse Hill Well Site for the commercial production of crude oil for up to 20 years, and whether ‘downstream’ greenhouse gas emissions – primarily from the combustion of petrol in the engines of vehicles – should have been assessed during the environmental impact assessment process as a likely significant effect of the development.
Holgate J dismissed the judicial review claim at first instance in December 2020, and the claimant now appeals. Friends of the Earth has intervened to support the appeal with written submissions.
The appellant is represented by Marc Willers QC and Estelle Dehon (instructed by Leigh Day) and Surrey County Council is represented by Harriet Townsend and Dr Alex Williams.