In this test case, the future of fossil fuels in the UK is at stake

oil field with a torch

In a case that could put an end to new fossil fuel projects in the UK, a Surrey woman will argue her case before the Supreme Court on Wednesday regarding a local oil drilling permit.

Judges will rule on the legality of the authorization for oil extraction in Horse Hill.

Four oil wells are being contested by Sarah Finch due to climate change.

Planning law was adhered to, Surrey County Council told BBC News.

Ms. Finch is suing Surrey County Council because she believes that when it granted planning permission, it failed to take into account some of the effects that burning the oil would have on the climate. The precedent-setting case, according to environmental attorneys, may have an impact on projects across the country.

The greenhouse gas emissions produced when the oil is used are the ones that have an impact on the climate and are referred to as "downstream emissions.". According to Ms. Finch, over a 20-year period, this is expected to produce 10 million tonnes of carbon dioxide.

About one tonne of carbon dioxide is emitted by one airline passenger traveling back and forth from London to Boston, USA.

Planning authorities assert that only the effects of drilling should be taken into account when determining how burning oil will affect the climate. As Ms. Finch, a campaigner with the neighborhood group Weald Action Group, told BBC News, "it's like saying a chocolate cake is low calorie as long as you don't eat it.".

The planet's temperature increases as a result of greenhouse gases like carbon dioxide trapping the sun's heat inside the atmosphere.

"The County Council is required to decide planning applications in accordance with the Development Plan, the National Planning Policy Framework, national policy, and other relevant factors as specified in legislation and case law. This was the basis for the decision regarding the Horse Hill planning application, according to a Surrey County Council spokesperson.

A picture showing Sarah Finch who has campaigned against the oil wells at Horse Hill since 2012
Since 2012, Sarah Finch has fought against the oil wells at Horse Hill.

The High Court dismissed Ms. Finch's initial appeal. She took it to the Court of Appeals, where there were three judges who were divided, with one supporting the appeal.

The carbon emissions from these projects are "being vastly underestimated," according to Friends of the Earth attorney Katie de Kauwe to BBC News.

As she continued, "Developers are fighting court cases like this because they are very concerned that if decision-makers are confronted with the full carbon impacts of these projects, so with downstream emissions added, then they might think twice about granting them planning permission.".

It's difficult to overstate the significance of this case, Ms. Finch's attorney Rowan Smith said. " .

The Horse Hill site is near Gatwick
The Horse Hill location is close to Gatwick.

The UK government has a legal obligation to reduce its carbon emissions until they reach net zero in 2050, at which point they will stop adding greenhouse gases to the atmosphere.

Friends of the Earth and other activists claim that new fossil fuel projects like Horse Hill violate these commitments.

Politically contentious new fossil fuel projects have emerged in the UK. If the world is to have a chance of achieving its climate goals, experts and activists, including the International Energy Agency, say that all oil and gas must be left in the ground.

Investments in renewable energy rather than fossil fuels are the best way, according to government advisors on the Climate Change Committee, to shield consumers from high energy prices.

The court's invitation to outside organizations to present additional evidence highlights the case's importance to the nation.

The West Cumbria Mining company, which is the owner of a brand-new coal mine in Whitehaven, is among them, as is the Office for Environmental Protection, which is making its first-ever case-intervention.

A private company like West Cumbria Mining making this type of intervention, according to Friends of the Earth attorney Katie de Kauwe, is extremely uncommon.

The first new coal mine to be built in the UK in forty years will be opened by West Cumbria Mining in 2021 with permission from the government.

They obviously worry about the possible effects of the case on their coal mine, Ms. de Kauwe said.

According to West Cumbria Mining, discussing a current legal matter would not be appropriate.

The Office for Environmental Protection told BBC News that the reason it is taking this action is to clarify the law regarding how decision-makers must conduct Environment Impact Assessments when evaluating fossil fuel projects.

On Wednesday, the one and a half day hearing gets underway. The judges' decision might take three to six months.

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