A recent ruling by the UK’s top court will make it harder for new fossil fuel production projects to get approval across Europe and beyond, with the judgment already influencing a separate court case over a new coal mine in England this week, climate campaigners and legal experts told Climate Home.
On June 20, the Supreme Court in London ruled that, in deciding whether to approve a new oil well in Horse Hill in southern England, the authorities must consider the greenhouse gas emissions from burning the oil, not just the much smaller volume of emissions from getting the oil out of the ground.
Announcing what has been called the “Finch ruling”, Judge George Leggatt said: “The emissions that will occur on combustion of the oil produced are ‘effects of the project’ because it is known with certainty that, if the project goes ahead, all the oil extracted from the ground will inevitably be burnt, thereby releasing greenhouse gases into the Earth’s atmosphere in a quantity which can readily be estimated.”
The ruling has already helped campaigners challenge a planned coal mine in Cumbria in the north of England, set to provide fuel for steel-making. The UK’s new Labour government said last week that the previous Conservative government had made an “error in law” when approving the mine and withdrew support for the mine’s developer in a separate court case being heard this week.
Campaigners against the Cumbria coal mine oppose bringing “zombie” coal back from the dead on July 16, 2024 (Photo: Friends of the Earth)
Speaking during a break in that case, Friends of the Earth lawyer Katie de Kauwe said the Finch ruling had strengthened the green group’s legal argument against the coal mine. The mine’s developer – which is still defending the case – did not assess the emissions from burning the coal and, in the wake of the Finch ruling, “it’s very clear that was unlawful”, she told Climate Home.
The ruling is likely to resonate beyond the UK, she added, because it concerns regulations that are derived from European Union (EU) law. Although the UK has left the EU, many of its laws remain similar.
Greenpeace Norway campaigner Halvard Raavand said his colleagues had “a small celebration” in their Oslo offices when the Finch ruling was handed down, popping bottles of alcohol-free champagne. “It’s highly positive,” he said. “We’re very, very relieved – it shows it’s possible to take on fossil fuels and win.”
Like the UK, Norway is not an EU member but bases much of its law on that of the bloc. Greenpeace Norway is challenging in court its government’s approval of three new oil and gas fields, arguing that they failed to properly consider the climate impact from burning the fuels – known as scope 3 emissions.
Raavand said that, while Norway and the UK’s national courts are not related, Norwegian judges are likely to consider the UK’s judgement as a precedent. “Other courts across Europe might look to each other too,” he said.
Gina Gylver, head of Natur og Ungdom (Young Friends of the Earth Norway), and Frode Pleym, head of Greenpeace in Norway in Oslo District Court on November 28, 2023 (Photo: Rasmus Berg/Greenpeace)
Over in Amsterdam, Dutch Friends of the Earth campaigner Sjoukje van Oosterhout also celebrated the Finch ruling. “This verdict sets an important precedent,” she told Climate Home. “Judges worldwide will be looking at this.” She said it could boost campaigners’ legal challenge to Dutch company One Dyas’ plans to drill oil in the Wadden Sea, part of the North Sea.
Climate law professor Harro van Asselt said the UK ruling was “important” and “may well have implications for EU member states considering licensing fossil fuel projects”. He added that judges had made similar rulings in Australia and Norway in the last few years – although the Norwegian case, which influenced the Finch ruling, is under appeal.
While its ripple effects will be strongest in the EU and countries with similar laws, van Asselt said he would not exclude the possibility of the Finch ruling influencing court judgements elsewhere, in particular in common-law countries like Australia. Common law is a legal system that evolves based on judges’ rulings, generally found in former British colonies like the US, Canada and New Zealand.
De Kauwe of Friends of the Earth added that the Finch ruling could influence environmental impact assessments across the world.
Most of the oil and gas being extracted in Europe (red) or discovered, or under development (blue), is in the North Sea (Picture: Global Energy Monitor/Screenshot)
The recent change in government in the UK is also likely to hamper new fossil fuel production projects in the country. Keir Starmer’s Labour Party was elected on a manifesto promising to ban the method of gas extraction known as fracking and not to issue new licenses to explore new oil and gas fields or grant new coal mining licenses.
Gareth Redmond-King is the international lead at the Energy and Climate Intelligence Unit advocacy group. He told Climate Home that, at last year’s COP28 climate summit, British politicians heard from Global South government negotiators that politicians in their countries had cited the UK’s decision to issue new North Sea oil and gas licences as justification for pursuing their own fossil fuel exploration. That excuse has now been taken away, he said.
“Leadership works both ways,” he added. “The precedent set by this [Labour] decision makes it harder for fossil fuel companies to justify drilling in other countries. The UK is now the first G7 country to have pledged to put a moratorium on new exploration. That’s a big step.”
(Reporting by Joe Lo; editing by Megan Rowling)
The post UK court ruling provides ammo for anti-fossil fuel lawyers worldwide appeared first on Climate Home News.
UK court ruling provides ammo for anti-fossil fuel lawyers worldwide
Delegates will soon gather in the Turkish resort city of Antalya for UN climate negotiations, against a backdrop of war, energy crisis and climate extremes.
At COP31, nations will try to find agreement on various issues, including climate finance for developing countries and a global “just transition” towards a cleaner economy.
This summit is unusual due to its joint presidency, which means that Australia is leading the negotiations while Turkey hosts the conference.
Outside the formal negotiations, Turkey is also pushing its own priorities as part of a wider “action agenda”, including electrification, oceans and “green industrialisation”.
In order to track parties’ positions on key negotiating points and wider issues at COP31, Carbon Brief has analysed around 100 documents and captured them in the interactive table below.
The first column shows the countries and UN negotiating blocs, the second shows the topics up for debate and the third indicates specific issues within those topics.
The final column indicates the positions that the parties have expressed on each topic. These range from “priority” – meaning the party is likely to be pushing the issue – to “oppose”, meaning it is likely to push against it.
This is a “living document” that will be updated over the course of COP31.
Please get in touch if you would like to offer additions by emailing policy@carbonbrief.org.
Brief explanations of the key issues and jargon-filled language that permeate the talks can be found below the interactive table.
Just transition
At COP30 in Brazil in 2025, nations agreed to establish a practical mechanism to help drive a “just transition” to a low-carbon economy.
Key aspects of this “Belém-Antalya mechanism” (BAM) – often referred to as the “just transition mechanism” (JTM) – were agreed during the June climate negotiations this year, but many details are missing and dividing lines remain between parties.
Parties have disagreed about the scope of the mechanism and whether it should be tied to the provision of finance.
Nevertheless, following progress in June within the “just transition work programme” (JTWP), civil society groups highlighted that getting the mechanism up and running is a “key expected outcome” from COP31.
Climate finance
Climate finance is always a highly contested issue at UN climate negotiations.
Developing countries have successfully pushed for a “work programme” on climate finance to feature on the conference agenda.
These parties see this programme as a way to pressure developed countries into providing more funding from their public coffers, specifically under Article 9.1 of the Paris Agreement. Some are even proposing a “burden sharing” arrangement for climate-finance provision.
This comes against a backdrop of major donors cutting their aid budgets and the Trump administration in the US pressuring multilateral development banks (MDBs) to drop their climate objectives.
Developed countries, which have traditionally been responsible for providing finance, would prefer to keep a broader focus on issues such as improving access to existing finance and broadening the range of donors. Some developing countries, such as small-island states, also support these goals.
Nations have also been discussing Article 2.1c of the Paris Agreement under the “Veredas dialogue”. This focuses on making all global “financial flows” consistent with climate action.
Countries have different views about what this involves, with developing countries again hoping to keep the focus on developed countries’ responsibilities to financially support them.
Adaptation and mitigation
At negotiations in June, parties were unable to agree on the details of a “global goal on adaptation” (GGA), which is intended to drive climate adaptation worldwide.
Having agreed at COP30 on a list of 59 “indicators” – ways to assess progress towards the GGA – nations now need to refine these before COP32 in Addis Ababa, Ethiopia. This is a highly technical process that involves a taskforce working out how to use and track these indicators.
Broadly, developing countries stress the importance of finance to fund adaptation efforts, rather than simply to track progress. They also want reassurances about a pledge made last year to “triple adaptation finance”.
At the June climate negotiations, negotiators also failed to make any progress when discussing the mitigation work programme (MWP) – the only formal agenda item that concerns cutting greenhouse gas emissions.
Among other things, parties disagreed on whether the MWP should continue running over the next few years, or simply be brought to a close.
Global stocktake and NDCs
Back in 2023, the first “global stocktake” (GST) of the Paris Agreement set out the state of climate action and what needed to be done to set the world on course.
On mitigation, nations agreed to a package of measures, including “transitioning away from fossil fuels”, tripling renewable energy and “halting and reversing deforestation” by 2030.
Some of these outcomes remain contentious among certain parties, particularly large, developing countries and those with economies that rely on fossil-fuel exports.
Developing countries have persistently argued that they need more climate finance to implement the global stocktake outcomes.
Parties were meant to update their climate plans under the Paris Agreement, informed by the first global stocktake, by 2025. These plans, known as nationally determined contributions (NDCs), cover the period out to 2035.
So far, only 150 parties – responsible for three-quarters of global emissions – have submitted new NDCs.
Iran, Vietnam, Egypt and Argentina are among those without new NDCs – and the US has withdrawn its climate plan under the Trump administration.
Some parties, such as the EU, have stressed the need for countries to submit their new NDCs ahead of COP31 – and to ensure they are aligned with the 1.5C temperature limit.
COP31 will also see the launch of the second global stocktake, which will conclude in 2028.
Action agenda and other issues
Turkey will be pushing its “action agenda” priorities at COP31, including global targets for electrification, reducing waste and reducing building-sector emissions.
(The Australian “presidency of negotiations” is intending to pursue a “cover text” decision at COP31 that may capture some of these wider targets, such as the electrification goal.)
The action agenda is meant to provide a complementary track to the formal negotiations, where governments and non-state actors can advance specific, real-world solutions.
A new COP31 presidency effort dubbed the “climate implementation bridge” is also meant to complement these ambitions by turning NDC goals into an “investable project portfolio”
Some parties have explicitly signalled their support for various elements beyond the formal negotiations, in the run-up to COP31.
For example, a joint letter signed by 105 parties called for COP31 to “put the ocean at the heart of climate action” by embedding ocean-based climate action in the UNFCCC architecture.
The post Interactive: Who wants what at the COP31 climate change summit appeared first on Carbon Brief.
Interactive: Who wants what at the COP31 climate change summit
Prepared by a coalition of nine Western Australian union, industry, conservation, and community organisations—including UnionsWA, the Conservation Council WA, and the Smart Energy Council—the WA Clean Energy, Jobs & Industry Plan provides a practical roadmap to transform Western Australia into a clean energy powerhouse while creating thousands of secure local jobs.
Western Australia stands at a pivotal crossroads: lead the global clean energy economy or watch investment, future industries, and secure jobs go elsewhere. The WA Clean Energy, Jobs & Industry Plan outlines a transformative blueprint to harness the state’s world-class solar and wind resources. Discover how legislated renewable targets, green iron manufacturing, and a dedicated regional training strategy can generate tens of thousands of local jobs, lower household bills, and build a resilient, net-zero future for all Western Australians.
WA needs a clear and forward-thinking plan if it is going to become a competitive renewable energy powerhouse and maintain its economic strength through the energy transition.
“Western Australians know a faster renewable energy transition will lower their household expenses and prevent harmful climate pollution. But the community also needs clear direction to ensure this transition will create jobs, lower costs and not cause undue environmental harm.
“Here, sectors representing a broad range of interests have laid the groundwork for those outcomes, clearly outlining what is needed to create a future for WA that is good for the environment, for the climate, for workers and for the economy.
Summary
The WA Clean Energy, Jobs & Industry Plan sets out a strategic roadmap to position Western Australia as a global clean energy superpower while creating thousands of secure local jobs.
The report establishes three overarching goals:
- Creating local employment.
- Maintaining industrial competitiveness.
- Lowering household energy costs
To realize this vision, the framework details actionable measures to follow on from the recent WA Government announcement of a 75% Renewable Energy Target by 2031 for the South West Interconnected System. This includes developing a statewide Renewable Energy Target, coordinating statewide workforce and training pipelines, strategically planning regional infrastructure to safeguard high-value biodiversity and cultural heritage, and ensuring equitable benefit-sharing through household electrification incentives and First Nations equity partnerships. Ultimately, the plan highlights that establishing clear policy and regulatory certainty will unlock lower energy bills, boost power reliability, and secure the state’s global competitiveness in emerging green commodity export markets.