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R (Finch) v Surrey County Council and others [2024] UKSC 20

 

Finch is the leading Supreme Court authority on whether an environmental impact assessment for fossil-fuel extraction must assess greenhouse-gas emissions caused by the later use of the extracted product.

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Neutral citation
[2024] UKSC 20; [2024] PTSR 988
Court
Supreme Court of the United Kingdom
Judgment date
20th June 2024
Judge
Lord Kitchin, Lord Sales, Lord Leggatt, Lady Rose and Lord Richards
Case number
UKSC 2022/0064

 

The case concerned oil extraction at Horse Hill

 

Surrey County Council granted planning permission for commercial oil production at Horse Hill. The environmental statement assessed greenhouse-gas emissions arising at the well site but did not assess the emissions that would arise when the extracted oil was refined and ultimately burnt.

 

The downstream emissions were effects of the project

 

By a majority of three to two, the Supreme Court held that the omission was unlawful. It was agreed that the oil would inevitably be refined and burnt and that the resulting emissions could readily be quantified. The majority held that those combustion emissions were indirect effects of the extraction project which the EIA legislation required to be assessed.

 

EIA informs the decision rather than dictating it

 

The judgment does not mean that a project causing significant greenhouse-gas emissions must automatically be refused. The purpose of EIA is to ensure that the likely significant environmental effects are identified, exposed to public participation and taken into account before development consent is given.

 

Why Finch matters

 

Finch is particularly important for proposals involving the extraction of fossil fuels, but its reasoning on indirect environmental effects and the purpose of EIA has wider significance. The causal relationship between a project and an alleged downstream effect remains crucial.

 

Read the judgment

 

The official Supreme Court page contains the full judgment and press summary: R (Finch) v Surrey County Council and others.

Planning Geek also holds the full judgment in the protected case law library. Gold Members can open it below.

 

Finch Case Law Page Updated: 11th September 2026

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