Could this be the beginning of the end for UK fossil fuels?

On 12th November 2024, a decision will be made in court that could change the course of history. Or more accurately, our future. Two legal cases will be heard at the Court of Session in Edinburgh to rule over whether decisions to approve some of the largest undeveloped oil and gas fields in the North Sea, Jackdaw and Rosebank, were unlawful. 

Burning Jackdaw’s oil would annually release more CO2 than Ghana’s entire annual emissions. Meanwhile Rosebank would produce more CO2 than that of the 28 poorest countries in a year. As these projects would bust UK climate targets, the cases raise ethical questions about who pays and who benefits from fossil fuels. 

The Labour government has already admitted that Rosebank’s approval was unlawful, and dropped the Conservative’s plan to defend it in court. 

The legal case 

Despite warnings from climate scientists and experts, Jackdaw was approved in 2022, and Rosebank last year by the former Conservative government. 

After Shell submitted plans for Jackdaw, and Equinor and Ithaca Energy put in a joint venture for Rosebank to the North Sea Transition Authority (NSTA), they were approved on claims of being entirely compatible with the UK’s legally binding climate commitments. 

However, environmental impact assessments need only consider the impact of a project’s development – any downstream emissions resulting from burning extracted oil and gas are omitted. 

Now, the UK Government is being taken to court over its decisions to approve Jackdaw and Rosebank. Two separate cases are being made by the environmental campaign groups Greenpeace and Uplift on the following grounds: 

• The approvals overlook downstream emissions (also known as scope 3 emissions) resulting from the burning of oil and gas.
• Rosebank would damage a Marine Protected Area, an important location for biodiversity.

Uplift is also adding the argument that the NSTA and former Secretary of State for Energy Security, Claire Coutinho, failed to be transparent in explaining how the projects could be considered compatible with the UK’s legally binding targets. 

Why campaigners are hopeful 

The cases themselves are strong. To add to this, a precedent was set back in June when the UK Supreme Court ruled in favour of a case against oil drilling, concluding the approval process should have considered the emissions created from sold oil assets, not just those produced by the extraction process itself. By this ruling, the approvals of Jackdaw and Rosebank can also be deemed unlawful. Indeed, the Labour government has already admitted that Rosebank’s approval was unlawful, and dropped the Conservative’s plan to defend it in court. 

A major concern is how a portion of Rosebank’s vast oil profits could flow to a company that operates in illegal Israeli settlements in Palestine.

Why does this matter? 

The science is clear. There can be no new oil, gas or coal developments if the world is to have any chance of staying within safe limits of global heating and reach net zero by 2050, according to the world’s energy watchdog, the International Energy Agency. 

Many proponents have lauded North Sea extraction as a way to help communities facing the cost-of-living crisis. Yet, both Jackdaw and Rosebank will fail to lower fuel bills for the average UK citizen. Rather than going straight to those in need, Shell, Equinor and Ithaca Energy are set to sell the oil back to households on international markets. This will keep households dependent on fluctuating energy prices and at the mercy of fossil fuel giants, whilst energy companies continue to make millions in profit. Meanwhile, the UK public will be forking over billions in tax breaks used for Rosebank’s development. 

As independent think-tank Green Alliance explain in their 2022 report, the best way to lower bills and boost energy security is to invest in renewables. And despite doubts from the general public, 100% renewable energy by 2050 is possible. To ensure this, renewables must be coupled with home insulation and a just transition that includes job guarantees for oil and gas workers. Mike Lynch, the head of the RMT union that represents oil and gas workers in the UK, condemns Rosebank stating that The NSTAs actions show “exactly why the UK needs its own publicly owned energy company to protect workers and bill payers.”  

Expenses aside, the climate crisis is an ethical issue. The sociological costs are, and will continue, to be felt most significantly among those who have contributed the least to climate change, including working class, low-income and BIPOC communities, particularly in the Global South. A major concern is how a portion of Rosebank’s vast oil profits could flow to a company that operates in illegal Israeli settlements in Palestine. Ithaca Energy is majority-owned by the Delek Group, which has been listed by the UN amongst businesses that are facilitating and profiting from the construction and growth of Israeli settlements in Occupied Palestinian Territory. Rosebank, as just one of their assets, is expected to deliver around £253 million in revenue to the Delek Group this year.  

Where we get our energy is inherently political. If we are to tackle the climate crisis, we must also address its roots. This means cutting ties with fossil fuel companies that perpetuate Israeli war crimes, and recognising the full rights of Palestinian people.  

If the judge agrees that the Government’s approvals of Jackdaw and Rosebank were unlawful, the Government will have a choice.

What next? 

If the judge agrees that the Government’s approvals of Jackdaw and Rosebank were unlawful, the Government will have a choice. Either it will put an immediate end to both projects, or the oil companies will have to provide information on how much oil will be burnt and the resulting climate impacts. In the latter, a new decision will be made to either approve or deny the projects. 

With Labour standing on a pledge not to approve any new oil and gas fields, and agreeing that Rosebank’s approval was unlawful, a second approval on their side could set the path for political suicide.  

Yet, our future is not yet secure. It is important that we do everything to ensure that approvals for Jackdaw and Rosebank are withdrawn. One way you can do this from home, is by showing direct public support to #StopRosebank and #StopJackdaw. Every action counts. Every incremental climatic change we can avoid is another step to reducing the extremes of future disasters.