- Research Article
- 10.1111/1468-2230.12959
Climate Change, Environmental Impact Assessment and the Supreme Court: Why the Legal Detail Matters in <i>R (Finch)</i> v <i>Surrey County Council</i>
- Jun 10, 2025
- The Modern Law Review
- Sonam Gordhan
In R (Finch) v Surrey County Council , the Supreme Court held by a 3:2 majority that Surrey County Council's decision to grant planning permission for an onshore crude oil extraction project was unlawful. The environmental assessment accompanying the application for planning permission – a legally required assessment of the ‘direct and indirect effects’ of a project on the environment – did not consider the greenhouse gas emissions that would arise from the inevitable combustion of the extracted oil. This note analyses the legal reasoning in the case and argues that the Supreme Court's decision does not provide a neat or simple story about climate change adjudication. The dispute was not a legally straightforward case to resolve and entailed deep and detailed engagement with the legislative framework, administrative law and the factual reality of climate change problems. Engaging with this legal complexity is critical to any argument about the proper role of courts in responding to climate change.
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