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Horse Hill court battle could set precedent that triggers ‘beginning of the end’ of new fossil fuel projects in UK | Climate News

The company behind a controversial coal mine in West Cumbria and the UK environment regulator are both intervening in a separate court battle over plans to pump oil in the Surrey countryside.

Next month’s Supreme Court case about whether to extract about three million tonnes of oil from Horse Hill is regarded as a test case that could bring the “beginning of the end” of new fossil fuel production in the UK.

The site, near Gatwick, was first approved by Surrey County Council in 2019 but has faced a legal challenge by campaigners ever since, and will next month go before the UK’s highest court.

Unusually, the Supreme Court has permitted four extra bodies to intervene – meaning they can make written or oral submissions to aid the court’s understanding, reflecting the public importance of the case.

Aerial view Horse Hill oil site in Surrey, near Gatwick
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If approved, Horse Hill would extract oil from six wells over 25 years

One of those weighing in is West Cumbria Mining, whose plan to develop the UK’s first new coal mine in 30 years in Whitehaven was controversially approved by the government in December.

WCM did not respond to a request to comment on why it had intervened.

But if the campaigner’s appeal against the Surrey oil site wins next month, it could be “that you have to completely reassess whether that coal mine in Cumbria can happen at all”, according to barrister Sam Fowles.

“It is extremely difficult to overstate the significance of this case,” said Mr Fowles, who specialises in planning and environment law at Cornerstone Barristers.

It has the potential trigger the “beginning of the end of … new fossil fuel extraction in the UK going forward”, he added.

The government is due to make a decision imminently on the giant Rosebank oil and gas field in the North Sea.

Charles McAllister, director of industry group UK Onshore Oil and Gas, called it “incontrovertible” that the UK needs some oil and gas beyond 2050, “even with huge growth in renewables”.

“It’s a case of where we got it from, not if we need or not.”

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Setting the agenda for COP28

‘Clear ramifications’ for future projects

Both the Cumbria coal mine and the Surrey oil case hinge on the same thorny issue plaguing planning authorities presiding over fossil fuel projects.

The question is whether their assessments of the project’s damage to the environment have to factor in only the emissions from getting the fossil fuel out of the ground, or also from when it’s used or burned later “downstream”.

These are known as “scope 3” emissions and tend to make up the majority of a project’s or company’s greenhouse gases. Fossil fuels are the main cause of climate change, which is already threatening the UK via things like rising sea levels and last summer’s intense drought.

Both the Cumbria coal mine and the Horse Hill oil site were approved partly on the basis that these “downstream” emissions need not be taken into account, and therefore overall emissions would be low.

Sarah Finch, the lead campaigner challenging the oil decision, told Sky News: “More than 10 million tonnes of carbon dioxide could be released when the oil from Horse Hill is ultimately burned.”

Katie de Kauwe, a lawyer at campaigning group Friends of the Earth, which is also intervening, said: “It can’t be right that the biggest impacts of fossil fuel projects on people and our planet can effectively be left out when planning decisions are made.

“This is a hugely consequential legal challenge that could have clear ramifications for other fossil fuel developments, including the new coal mine planned in West Cumbria and the legality of the Secretary of State’s decision to approve it.

“West Cumbria Mining is clearly concerned, which is why they’re intervening.”

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Protesters disrupt Barclays meeting

Ms Finch’s initial challenge in the High Court was thrown out. But she took it to the next court, the Court of Appeal, where the three judges were split, with one agreeing she had a point but the majority saying it was a matter for planning authorities rather than the court.

But that creates a huge problem, according to the Office for Environmental Protection (OEP) – the UK environment watchdog set up after Brexit in 2021 – which is, for the first time, intervening in a Supreme Court case.

“It means that local planning authorities could reach entirely different conclusions on an important issue of principle on essentially the same facts,” it said in its submission to the court, leaving the law “in an unpredictable state with potentially capricious results”.

Extinction Rebellion activists hold banners as they stage a protest at the Horse Hill oilfield, partly owned by the British energy company UK Oil & Gas, in Surrey, Britain, June 1, 2020. Steve Ringham/Jono/Extinction Rebellion South East/via REUTERS. THIS IMAGE HAS BEEN SUPPLIED BY A THIRD PARTY.
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Horse Hill has been challenged by campaigners since it was first approved in 2019

‘Not clear-cut’ if UK should pump more oil and gas – climate advisers

“If it is successful, which I don’t think it will be, it will set a precedent,” said Charles McAllister from UKOOG.

If the campaigners win, it would have “far-reaching implications beyond the onshore oil and gas industry, ranging from the offshore oil and gas industry, mining, metals, manufacturing, aviation”, he warned.

The Horse Hill site would extract around 200,000 barrels of oil over 25 years, which could be used to power jets, create electricity or heat homes. The UK produces about one million barrels of oil a day.

Charles McAllister from UK Onshore Oil and Gas
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UK Onshore Oil and Gas says its greener to extract oil at home

Independent government climate advisers from the CCC have said the UK will need some oil until 2050, though it is “not clear-cut” whether it should produce more domestically.

The International Energy Agency has said no new fossil fuel project is compatible with the globally accepted goal of limiting warming to 1.5C.

UK Oil and Gas, the main developers of Horse Hill, declined to comment.

A spokesperson for Surrey County Council said it is “required to determine planning applications in accordance with the Development Plan, the National Planning Policy Framework, national policy and other material considerations, as set out in legislation and case law.

“The County Council will present its case to the Supreme Court, which will issue a decision in due course.”

Watch The Climate Show with Tom Heap on Saturday and Sunday at 3pm and 7.30pm on Sky News, on the Sky News website and app, and on YouTube and Twitter.

The show investigates how global warming is changing our landscape and highlights solutions to the crisis.

Thousands of nurses beginning two-day strike – and walkout will be much bigger than last month | UK News

Thousands of nurses will go on strike today as a bitter pay dispute with the government continues.

Nursing staff from more than 55 NHS trusts will take part in industrial action on Wednesday and Thursday following two days of action in December.

The Royal College of Nursing (RCN) has announced that two further, bigger strikes will be held next month, while the GMB union is expected to announce further ambulance worker strike dates this afternoon. Junior doctors are also preparing to walk out.

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‘I work 30 hours overtime to top up pay’

Thousands of operations and appointments are expected to be cancelled during the two consecutive days of strike action. Almost 30,000 needed to be rescheduled following December’s nurse strikes.

Patients have been told to attend all their usual appointments unless they have been contacted.

NHS England said patients should use services “wisely” by going to NHS 111 online but continuing to call 999 in a life-threatening emergency.

The RCN has agreed to staff chemotherapy, emergency cancer services, dialysis, critical care units, neonatal and paediatric intensive care.

Some areas of mental health and learning disability and autism services are also exempt from the strike, while trusts will be told they can request staffing for specific clinical needs.

When it comes to adult A&E and urgent care, nurses will work Christmas Day-style rotas.

RCN chief executive Pat Cullen said: “Today’s strike action by nursing staff is a modest escalation before a sharp increase in under three weeks from now… People aren’t dying because nurses are striking. Nurses are striking because people are dying.”

The RCN has been calling for a pay rise at 5% above inflation, though it has said it will accept a lower offer.

Health and Social Care Secretary Steve Barclay said while he recognises the cost of living pressures on NHS staff, “unaffordable pay rises” will stoke inflation.

Writing in The Independent, he said: “If we provide unaffordable pay rises to NHS staff, we will take billions of pounds away from where we need it most. Unaffordable pay hikes will mean cutting patient care and stoking the inflation that would make us all poorer.”

Separately, Mr Barclay has signalled that pay negotiations will look ahead to next year rather than reflecting on the 2022/23 pay award, which unions have said must be reviewed.

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What does the anti-strike bill propose?

NHS trying to break ‘vicious cycle’

The strike action comes as Matthew Taylor, chief executive of the NHS Confederation, urged ministers to renew pay talks with unions in a bid to halt further industrial action.

He suggested waiting lists are likely to remain stubbornly high unless the government gives the “NHS a fighting chance”.

Mr Taylor also said continued strike action and winter pressures are jeopardising the ability of the NHS to break out of a “vicious cycle”.

He added: “We’ve been saying for weeks that the strike action couldn’t have come at a more difficult time for the NHS, but we hoped a compromise would be reached by now to bring an end to the impasse.

“All the while this continues, the NHS won’t be able to break out of the vicious cycle it’s in.”

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Have previous strikes been successful?

Majority of public think government is more to blame in pay row

Meanwhile, nearly three in five Britons think the government is more to blame for the ongoing pay row with nurses lasting so long, according to a new poll.

Some 57% of people said the government is more at fault for the length of the industrial dispute with nurses, compared with just 9% who said nurses are more at fault.

The Ipsos poll of 1,080 British adults, carried out earlier this month, also found that a quarter of people felt both sides are at fault.

Matt Tacey has said nurses want to be providing care
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Matt Tacey has said nurses want to be providing care

Nurse says ‘we want to provide care’

Matt Tacey, a 32-year-old nurse who lives in the East Midlands, has said he doesn’t want to go strike today – but he, as well as fellow colleagues, have been “forced” into the position because “the government just won’t enter any meaningful negotiations with us as a union”.

“You won’t find one single nurse that wants to be outside hospitals or places of work,” he added.

“We are disappointed to be striking because it goes against the fundamental aspect of being a nurse – providing care – and we want to be able to provide care, we want to improve lives.

“To stand outside hospitals and not provide care goes against every grain in our DNA and it’s going to be around three to four degrees tomorrow, so the government has literally left us out in the cold.”

Mr Tacey said patient safety needs to improved, and warned: “The NHS isn’t at breaking point, the NHS is broken.”

He went on to warn that some of his colleagues now need to pick up extra shifts “just to get by”, adding: “My wife and I often have to borrow money from parents just to see us through to the end of the month because current salaries are not covering the basic bills.

“We live in one of the richest countries in the world and yet people can’t afford heating, they can’t afford to put food on the table … it’s a national disgrace.”

Sewage plant attendants and Thames Barrier staff to strike

Meanwhile, thousands of Environment Agency staff across England will walk out today as they strike over pay for the first time.

Members of Unison including river inspectors, flood forecasting officers, coastal risk management officers, sewage plant attendants and staff at the Thames Barrier are among those escalating their industrial action after refusing to do voluntary overtime in the run up to and during the festive period.

Unison says there are severe staffing shortages across the whole of the Environment Agency, fuelled by pay issues.

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‘I’m disappointed’ in striking union

‘Schools may have to close’

It comes as Downing Street has warned that widespread strikes planned by teachers, train drivers and civil servants on 1 February could likely cause “significant disruption” to the public.

Paul Whiteman, general secretary of the National Association of Head Teachers (NAHT), has said school leaders may have “no choice” but to close their doors to pupils during strikes.

The National Education Union (NEU) announced plans to hold seven days of walkouts in February and March in a dispute over pay.

Nine out of 10 teacher members of the NEU who voted in the ballot backed strike action, and the union passed the 50% ballot turnout required by law.

Union leaders are due to meet the education secretary for talks later today.