Downstream Emissions as Climate Impacts - On the UK Supreme Court ‘s Landmark Finch Decision

In a 3-2 majority, the UK Supreme Court delivered a landmark ruling today, significantly impacting the consideration of climate impacts in the oil and gas licensing process. While the Government’s approach so far has been to only consider exploration and production emissions, the Court’s decision establishes that emissions resulting from burning the produced oil and gas (regardless of where it occurs) have to also be considered. The ruling is significant as it is the first highest court decision to adopt this interpretation on climate impacts of fossil fuel production. It will no doubt have a knock-on effect on at least three other cases pending before lower courts in the UK, and potentially affect cases both within and outside the European Union.