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Greenpeace has raised the prospect of a new legal challenge to two fields of oil and gas provided for in the United Kingdom after the government has reported support for projects, despite a court revoking their consent because of their potential climate impact.
The campaign group warned the Energy Department that the Prime Minister and Chancellor's public comments could be considered as a prejudice to a new request for consent for rose and bush bench projects, leaving any new vulnerable decision to the legal challenge.
In a letter observed by the Financial Times, he noted that the minister deciding on any request must “not have a closed spirit or an appearance of a closed spirit” and “being open to persuasion that projects should not take place”, including because of the impact of their emissions.
The letter highlights the difficult situation confronted with the government as it tries to move away from fossil fuels while maintaining investments in the North Sea. In his electoral manifesto last year, the Labor Party said that he would not revoke existing oil and gas licenses but would not make news for exploration.
Rosebank, developed by the Norway Equinor and Ithaca Energy in the United Kingdom, is the largest unmanned oil reserve in the United Kingdom, which would contain around 500 million barrels of oil. Jackdaw’s developer Shell says he could produce around 6% of gas production in the North Sea.
The two projects obtained licenses and also obtained their consent by the British regulator of the North Sea. But following the legal challenges of Greenpeace and Uplift, the first civil court of Scotland in January judged that consents should be reconsidered to take into account carbon dioxide issued when oil and gas are used.
Lord Ericht’s decision at the Court of Session came in the wake of the historic finch decision in June 2024, when the United Kingdom's Supreme Court judged that these so-called ranges of scope 3 were to be taken into account when granting a planning permit.
The developers Rosebank and Jackdaw will again have to ask for their consent if they wish that the projects will continue, and the authorities should examine this in accordance with the decision of the courts. They have not yet reappeared because they expect new government planning advice, but we expect it.
However, in an interview with The Sun Sunday last month, Rachel Reeves, the Chancellor, seemed to support projects. “We have said in our manifesto that they would go forward, that we would honor existing licenses, and that we are committed to doing so, and go ahead,” she said.
The court's decision deals only with consents, and not licenses, which the two projects still have. Both are necessary for projects to be forward.
In other comments also underlined by Greenpeace, Prime Minister Sir Keir Starmer told journalists: “I cannot take the decision, but you know that we have said that when the licenses have already been granted, we would not interfere with them.”
Meanwhile, the Financial Times cited a government ally “in February saying that” new requests will have to adopt the new regime, but our position in the existing areas is very clear: we support them “.
In the letter sent by his legal service, Greenpeace said that the comments of the Chancellor in particular “point to illegal predetermination, or at least the appearance of an illegal predetermination on the part of the Secretary of State”.
He asked the government any correspondence relating to projects since January 1 and said that “its position is pending entirely reserved”.
An Equinor spokesperson said that the Rosebank project was “essential for the economic growth of the United Kingdom” and that it “continued to work in close collaboration” with regulators and the business department to progress the project. Shell and the North Sea Transition Authority Regulator refused to comment.
A government spokesperson said: “We cannot comment on individual projects, and we cannot prejudge future decision-making.
“We have already consulted advice so that we can ensure the certainty of industry, support our environmental objectives, protect jobs and provide economic growth.
“We will respond to this consultation as soon as possible and developers will be able to request consents within the framework of this revised regime.”
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