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Exactly a year on from hearing a ground-breaking challenge on “downstream” emissions, the Supreme Court has handed down its judgment in R(Finch) v Surrey County Council and ors this morning. By a three-to-two majority (https://lnkd.in/ezhaTYxu), the Supreme Court allowed the appeal of a local resident (Sarah Finch on behalf of the Weald Action Group) and concluded that Surrey County Council’s decision to grant planning permission for a project to expand oil production from a well site near Horley was unlawful because it failed to assess the effect of the combustion of oil produced from the proposed well site (the “downstream” emissions), and in particular, the inevitable greenhouse gas emissions that will arise. A press summary of the judgment can be found here: https://lnkd.in/ecpSBHvY More analysis to follow from Public Law | Kingsley Napley , but this judgment is likely to have considerable ramifications – this challenge was seen by many environmental activists and lawyers as a ‘gateway’ challenge.

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