Greenpeace has raised the alarm over potential legal action regarding two major oil and gas developments in the United Kingdom, following indications of governmental endorsement for these projects. This comes despite a recent court ruling that revoked approval for the developments due to their anticipated negative impacts on climate.

The environmental advocacy organization has formally alerted the UK’s energy department, expressing concerns that comments made by Prime Minister Sir Keir Starmer and Chancellor Rachel Reeves may be viewed as pre-judging the reapplications for the Rosebank and Jackdaw projects. This situation places any forthcoming governmental determination at risk of facing legal challenges.

In a letter obtained by the Financial Times, Greenpeace emphasized that the minister responsible for deciding on the new applications must maintain an open mind, free from any appearance of having already made a judgment. The group insists on the importance of fully considering the emissions produced during the use of the oil and gas extracted from these projects.

This legal skirmish highlights the complex predicament faced by the current government. On one hand, it is striving to reduce reliance on fossil fuels, while on the other, it seeks to preserve investment opportunities in the North Sea, which is critical for the UK’s energy landscape. In their election manifesto last year, the Labour Party stated a commitment not to revoke existing oil and gas licenses, yet they also pledged to refrain from issuing new exploration licenses.

The Rosebank project, a collaboration between Norway's Equinor and the UK’s Ithaca Energy, holds the title of the UK’s largest undeveloped oil reserve, with estimates suggesting it could contain approximately 500 million barrels of oil. Meanwhile, the Jackdaw project, spearheaded by Shell, is projected to contribute around 6% of the North Sea's gas output once operational.

Both projects have been granted licenses and initial consent from the UK’s North Sea regulatory body. However, following successful legal challenges brought forth by Greenpeace and another group called Uplift, the Scotland’s highest court ruled in January that the consents needed to be reassessed, particularly with regards to the carbon dioxide emissions associated with the use of the oil and gas that would be extracted.

The ruling by Lord Ericht in the Court of Session followed a key Supreme Court decision in June 2024, which determined that so-called Scope 3 emissions must be considered in planning permission applications. This has necessitated that the developers of both Rosebank and Jackdaw submit new applications if they wish to proceed with their projects, as their previous consents are now under scrutiny based on the court's directives.

As of now, the developers have yet to reapply for consents, as they are waiting for updated planning guidelines from the government. However, it is anticipated that they will move forward with new applications once the guidance is released.

In a recent interview with the Sun on Sunday, Chancellor Reeves appeared to lend her support to the ongoing projects, stating, “We said in our manifesto that they would go ahead, that we would honour existing licenses, and we’re committed to doing that, and go ahead they will.”

It is important to note that the court’s recent ruling pertains solely to the consents and does not affect the licenses, which remain intact for both projects. Both elements are required for the projects to advance successfully.

Further comments from Prime Minister Starmer suggested a supportive stance as well: “I can’t pre-empt the decision, but you know we did say that where licenses have already been granted we wouldn’t interfere with them.”

Additionally, a government ally was quoted by the Financial Times in February, asserting that “the new applications will have to pass the new regime, but our position on existing fields is very clear: we support them.”

In its letter, Greenpeace cautioned that the chancellor's remarks could imply unlawful predetermination or, at the very least, create an appearance of such on the part of the Secretary of State. The organization has requested all correspondence regarding the projects dated from January 1st onward and has declared its position as “fully reserved” pending future developments.

In defense of the Rosebank project, a spokesman for Equinor stated that it is “critical to the UK’s economic growth,” asserting that the company is actively collaborating with regulators and the business department to ensure the project's progression. Meanwhile, Shell and the North Sea Transition Authority chose not to comment on the ongoing discussions.

A government spokesperson reiterated, “We cannot comment on individual projects, nor can we prejudice future decision-making. We have already consulted on guidance so we can provide certainty for industry, support our environmental goals, protect jobs, and deliver economic growth. We will respond to this consultation as soon as possible, and developers will be able to apply for consents under this revised regime.”