Fracking in Limbo following INEOS legal challenge
Scotland's fracking ban was recently challenged in court - what happens now?Read More
29th April 2018
Friends of the Earth Scotland have submitted a public interest intervention in INEOS and Reach Coal Seam Gas’ judicial review of the Scottish Government’s decision to ban fracking. The intervention argues that not only is the ban on fracking lawful, but that the Scottish Government is arguably required to ban fracking in order to meet Scotland’s legally binding climate change commitments. Climate science demonstrates that over 90% of the world’s fossil fuel resources must remain in the ground in order to limit global warming to well below 2oC, as per the Paris Agreement.
INEOS is both challenging the legality of the ban on fracking and suing the Scottish Government for compensation due to an alleged breach of its human rights. The case is due to be heard in May.
Friends of the Earth Scotland’s Head of Campaigns Mary Church said:
“We are getting involved in INEOS’s judicial review of the fracking ban in order to put forward crucial climate change arguments in support of the ban that otherwise would not have been heard. Our intervention argues that the Scottish Government is required to ban fracking so as to urgently cut greenhouse gas emissions from fossil fuels, in line with legally binding climate targets.
“We are confident that the process to ban fracking was robust and fair, and we hope that the courts will find against INEOS. A two-year process looked at mountains of scientific evidence that spoke of the risks of the unconventional oil and gas industry to our environment, climate and people’s health. There is overwhelming support for the ban from communities on the frontline of this industry, people the length and breadth of Scotland, and almost all the parties at Holyrood.”
Friends of the Earth Scotland is represented by the Scottish law firm Balfour+Manson and Aidan O’Neill QC of Ampersand and Matrix Chambers with input from Leigh Day in London. The intervention is by way of a written submission, and provides information to the court on relevant EU, Scottish and UK environmental law, national and international obligations on climate change, as well as the link between human rights and environmental protection.
Balfour+Manson solicitor Sindi Mules said:
“Over 60,000 people engaged in the consultation on fracking before Ministers implemented the ban, with 99% opposed to the industry, demonstrating the tremendous importance of this case. We are delighted to be involved in this intervention which puts forward important legal arguments on climate change, and trust it ensures a fuller picture of the context around the ban is put before the court.”
Public interest interventions in the Court of Session are rare, and this is the first time such an intervention has put forward arguments in defence of the environment. As such it represents an important step forward for Scotland in terms of environmental rights and access to justice for the environment, enshrined in international law by the UNECE Aarhus Convention.
Leigh Day Solicitor Carol Day said:
“We are delighted that the Court has granted permission for Friends of the Earth Scotland to intervene in this important public interest case. As far as we are aware, this is the first intervention in the Court of Session on environmental issues and one of only a handful to have been approved under the new Judicial Review rules. FoE Scotland has submitted robust evidence on the environmental and health impacts implications of fracking. We hope the Court will take these points on board during the course of the hearing and uphold the Scottish Government’s moratorium on fracking.”
Notes to Editors
* Scotland’s leading environmental campaigning organisation
* An independent Scottish charity with a network of thousands of supporters and active local groups across Scotland
* Part of the largest grassroots environmental network in the world, uniting over 2 million supporters, 75 national member groups, and some 5,000 local activist groups.