The former Conservative government’s nonsensical case for the climate-wrecking Rosebank and Jackdaw oil fields is finally dead in the water. Specifically, the new Labour government has dropped the previous Tory court defence in a key legal challenge environment groups brought against the projects.
However, despite Labour dropping the cases, it doesn’t mean Rosebank and Jackdaw fossil fuel projects themselves are dead and gone too.
Rosebank and Jackdaw: climate-wrecking carbon bombs
In September 2023, the UK’s oil and gas regulator, the North Sea Transition Authority, granted the license for Equinor and Ithaca Energy to develop the notorious Rosebank oil and gas field.
Campaigners have previously estimated that the enormous project – situated off the coast of Shetland in the North Sea – will produce over 500m barrels of oil over its lifetime. This would equate to the annual greenhouse gas emissions of the 28 lowest-income countries combined.
Similarly, Shell’s enormous Jackdaw gas field off the the coast of Aberdeen would generate staggering emissions. Alarmingly, Greenpeace have calculated that it would produce more carbon dioxide than Ghana’s total annual emissions.
So, environmental groups took their fight against these projects to the courts. Firstly, Greenpeace, filed a legal challenge against the government’s approval of the Jackdaw gas field in 2022.
Then, in December 2023, Greenpeace and campaign group uplift launched another judicial review against the government over Rosebank. Crucially, this sought to overturn the government’s decision to greenlight the Rosebank project.
Now, the new Labour government has dropped the former Tory government’s defence against these challenges.
Labour drops the government’s legal defence
Notably, Labour has recognised that the previous government’s approval was unlawful. This is because the government failed to take into account the impact of the projects’ downstream emissions.
Crucially, another legal ruling may have influenced Labour’s decision:
This now becomes case law – it sets the precedent.
Back to Rosebank and Jackdaw – Greenpeace and Uplift have challenged these projects for the same reason Sarah Finch did. For not considering the full climate impact
Because Sarah won her case the judges will rule the same way
— Esme Stallard (@EsmeStallard) August 29, 2024
We always hoped our fight in Surrey would have wider impacts.
So good to see that happen with today’s announcement: the Govt won’t defend the development consents for Rosebank & Jackdaw.
Here’s a #StopRosebank banner on the Horse Hill gates.https://t.co/AgZ2GgVqw6 pic.twitter.com/EmnaAK1Mlu— Weald Action Group (@WealdActionGr) August 29, 2024
As the Canary reported at the time, Sarah Finch and the Weald Action Group’s victory set this crucial precedent. We noted that this could have ramifications for Rosebank and other projects:
Not only does today’s Supreme Court ruling destroy UKOG’s plans to drill for up to 3.3m tonnes of crude oil for 20 years at its Horse Hill site, near Gatwick Airport, but also has huge implications for all future fossil fuel projects in the UK.
Neither the Cumbrian coal mine in Whitehaven nor the Rosebank oil field in the North Sea sought consent for their projects. Nor did they provide any information on downstream emissions in their environmental statements. Both projects are the subjects of legal challenges.
Now, it seems this has come to fruition.
The fight over Rosebank isn’t done yet
However, while the tone on X was largely celebratory, some were tempering their enthusiasm. Crucially, Labour dropping the case doesn’t mean the projects are sunk. For one, as the #StopRosebank campaign underscored, the fossil fuel companies could still defend the case:
It’s not yet clear if Equinor or the NSTA, the regulator that signed off Rosebank’s approval, will defend the case or not.
If they choose to defend, the case will still move through the Scottish courts.
— #StopRosebank (@StopCambo) August 29, 2024
On top of this, even if they choose not to, they might still pursue the projects regardless. Uplift’s Tessa Khan explained how they could do this:
If Equinor & Ithaca Energy decide they still want to press ahead with developing the field, then the next step will be for them to submit a new environmental statement to the govt & regulator (the NSTA) that includes the scope 3 emissions from the field.
/6— Tessa Khan (@tessakhan) August 29, 2024
BBC News climate and science journalist Esme Stallard argued that this would be the new government’s make or break moment:
This is a real test for the new labour government after committing to no new oil and gas. This will be the first time they may have to put that policy into practice
Will be covering more on this later today for @BBCNews
— Esme Stallard (@EsmeStallard) August 29, 2024
Labour’s money-saving motivation
Moreover, Labour making this call isn’t necessarily anything to write home about. Notably, given the government was likely to lose the case anyway thanks to Finch’s win, pursuing it was ultimately pointless. In reality, if you read between the lines of the government’s press release, the main reason becomes apparent. In particular, in its background to the decision, the release stated that:
This decision will save the taxpayer money.
However, as one poster pointed out, this money-saving move doesn’t actually mean the Labour government is putting a stop to the projects:
Major oil and gas news today from govt : govt won’t challenge judicial reviews brought against development of the Jackdaw and Rosebank fields in the N Sea. This decision will save the taxpayer money..does not mean the licences for Jackdaw and Rosebank have been withdrawn.
— alex thomson (@alextomo) August 29, 2024
Again, the government’s press release made a point of this too, stating unequivocally in a clear bullet point that:
This litigation does not mean the licences for Jackdaw and Rosebank have been withdrawn.
Of course, Labour has repeatedly refused to ditch the Rosebank oil field. First, in September 2023, Starmer committed to honour the licences for Rosebank.
Then, at the Labour Party conference in October, shadow decarbonisation minister Sarah Jones confirmed this again during a fringe event that fossil fuel-packed industry body Offshore Energy UK (OEUK) had sponsored. Crucially, OEUK had lobbied for the Rosebank project.
Still a win for activists
While this isn’t a definitive end to these climate catastrophic projects yet, it’s still a major win. However, credit must go where credit is truly due – and it isn’t to this Labour government. Instead, this victory should go to the campaigners and activists who’ve relentlessly fought these and other destructive fossil fuel projects from day one. Today belongs to them – but tomorrow, the fight continues.
