Climate Campaigners Launch High Court Challenge Over North Sea Oil and Gas Drilling

Activists are taking the UK government to court over its ‘Maximising Economic Recovery’ policy in the North Sea.
Phoebe Cooke headshot - credit Laura King Photography
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A North Sea oil rig. Credit: Gary Bembridge/Flickr (CC BY 2.0)

Campaigners are launching a High Court battle against the UK governmentโ€™s โ€œunlawful and irrationalโ€ support of oil and gas drilling in the North Sea.

A medical student, the daughter of an oil worker and a former Esso employee are challenging the oil industry regulatorโ€™s strategy that aims to maximise economic recovery of oil and gas from beneath UK waters.

The trio argue that continued โ€œtax breaksโ€ for the fossil fuel industry are unlawful. They claim that, under the Oil and Gas Authority strategy defined in February, the taxpayer is currently set to foot a ยฃ18.3 billion bill for decommissioning oil rigs, pipelines and wells, while private companies are still extracting profit from oil and gas reserves in British waters.

โ€œMuch of the UKโ€™s oil and gas production is only economic because of public handouts,โ€ said medical student Mikaela Loach, one of the campaigners bringing the judicial review.

โ€œThe government is paying companies billions in public money to extract every last drop of oil from the North Sea when it should be focusing on decarbonising the UK economy, meeting its international climate obligations and setting an example to the world as host of the UN Climate Summit in November.โ€

โ€˜Whole World Is Watchingโ€™

In March, OGA and the UK government announced a North Sea Transition Deal aimed at decarbonising the domestic oil and gas industry, which is directly responsible for around 3.5 percent of the UKโ€™s greenhouse gas emissions. 

The government introduced a range of climate targets, such as reducing offshore production emissions by 50 percent by 2050 against a 2018 baseline to create a โ€œnet zero basinโ€ by mid century. It also confirmed it would put an end to funding of fossil fuel projects abroad, and introduced a โ€˜Climate Compatibility Checkpointโ€™ ahead of each future licensing round to establish whether it is compatible with action to tackle the climate emergency.

However, the decision to allow the continued issuing of oil and gas licences in British waters led to accusations of โ€œoutrageous hypocrisyโ€ by climate campaigners. Less than two months on, this judicial review indicates mounting pressure for the government to accelerate the phase-out of offshore oil and gas. 

According to campaigners, BP received a net payment of ยฃ675 million between 2015-2019 from the UK government after tax, while the UK reportedly paid Shell ยฃ70 million during that time. This cost will mount further if new oil and licenses are issued, in what campaigners say directly contravenes the UKโ€™s commitment to reach net zero emissions by 2050.

Campaign initiative Paid to Pollute, which is supporting the review against the OGA and Kwasi Kwarteng, Secretary of State for Business, Energy and Industrial Strategy (BEIS), has also launched a petition to accompany the legal challenge.โ€œYou have already taken the bold step of ending taxpayer support for fossil fuel projects overseas,โ€ it reads. โ€œNow, you must do the same at home. The whole world is watching.โ€

Rowan Smith from law firm Leigh Day, which is representing the campaigners, said: โ€œIn some circumstances, such production is not โ€˜economicโ€™ for the UK as a whole, but the OGA is still seeking to maximise it.โ€ 

โ€œThe case argues that is unlawful, having regard to the terms of the OGAโ€™s legal duty, and also irrational, because it will result in increased levels of oil and gas production, in conflict with the UKโ€™s legal duty to achieve net zero emissions by 2050.โ€ 

BEIS declined to comment.

Phoebe Cooke headshot - credit Laura King Photography
Phoebe joined DeSmog in 2020. She is currently co-deputy editor and was previously the organisation's Senior Reporter.

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