Historic Supreme Court Finch judgment achieves triple success for Leigh Day environment lawyers

It follows years of careful perseverance by the team convinced of the justice of their legal arguments that planning law should take into account the longer-term effects on the climate of burning fossil fuels extracted by drilling and mining.

The Supreme Court ruling in favour of Leigh Day client Sarah Finch in June 2024 meant she won her five-year legal fight against proposals for oil production at Horse Hill in Surrey and the plan was quashed.

It was quickly followed by the government conceding that a plan for oil production in the Lincolnshire Wolds, fought by Leigh Day client Mathilda Dennis on behalf of SOS Biscathorpe, was also unlawful. When the Supreme Court ruling was given, SOS Biscathorpe were waiting for judgment in their challenge to the planning inspector’s decision to overturn Lincolnshire County Council’s refusal of permission for exploratory oil drilling and production. After the Finch judgment, the government accepted an invitation by Leigh Day lawyers to concede the case.

The government then announced that, in light of the Supreme Court’s judgment, there had been an “error in law” in the decision to grant planning permission for a coal mine in West Cumbria in December 2022 and it will not be defending a legal claim against it. Friends of the Earth is represented by Leigh Day in its challenge to the plan for Whitehaven Coal Mine.

That was all made possible by an earlier successful judicial review brought by local Cumbrian campaigner, Marianne Bennett, with the assistance of Leigh Day. That led Cumbria County Council to revisit a previous decision to grant in principle planning permission for the mine and paved the way for the Secretary of State decision that Friends of the Earth ultimately challenged. If it had not been for Marianne’s legal intervention, mine operations may have already started.

Key to the successes and radical change of direction in all three cases was the Supreme Court ruling that councils should take into consideration the climate impact of proposed fossil fuel production including downstream emissions greenhouse gas (GHG) emissions that will inevitably arise from burning the fuel when they are deciding whether to give planning permission for their extraction.

It meant Surrey County Council’s decision to grant planning permission for oil production at Horse Hill, near to Gatwick Airport, had been unlawful.

All three legal cases have hinged on the correct interpretation of the EIA Regulations 2017. The Supreme Court found that downstream GHG emissions are an indirect effect of the development and must – as a matter of law – be assessed before granting planning permission for fossil fuel development.

Sarah, who brought the action on behalf of the Weald Action Group, was represented by Leigh Day lawyers Rowan Smith, Carol Day and Julia Eriksen, who instructed Marc Willers KC (Garden Court Chambers) and Estelle Dehon KC and Ruchi Parekh (Cornerstone Barristers). The Supreme Court appeal was funded with support from Law for Change.

Mathilda Dennis was represented by Leigh Day solicitors Julia Eriksen and Ricardo Gama who instructed  Estelle Dehon KC and Lois Lane.

Marianne Bennett was represented by Leigh Day solicitor Rowan Smith, who instructed barristers David Wolfe KC and Merrow Golden.

Friends of the Earth is represented by Leigh Day solicitors Rowan Smith and Julia Eriksen, who instructed Marc Willers KC, Estelle Dehon KC and Ruchi Parekh.

Leigh Day solicitor Rowan Smith, alongside Leigh Day solicitor Julia Eriksen, said:

“Pivotal moments in climate change litigation in the UK do not come around often, but this is certainly one. All of a sudden, hard-fought campaigns to protect people and the planet from climate catastrophe are winning in the Courts, marking a seismic shift in how the judiciary is responding to the environmental emergencies we are facing. As committed environmental lawyers at Leigh Day, we are honoured to play what part we can in advancing the law in this area.”

Paralegals on the environment team, who have worked across all three legal cases are: Madeeha Akhtar and Klara Ipek.