Greenpeace Nordic and Natur og Ungdom (Young Friends of the Earth Norway) are once again facing the Norwegian government in court, in appeal proceedings starting today until 12 September. The State's appeal is a result of a victorious judgement for the organisations in January 2024. The organisations are concerned about the climate impacts of three oil and gas fields in the North Sea and demand an immediate halt to their development.
A recent Oslo District Court ruling invalidated approvals of the three oil and gas fields for failures, under national and European Economic Area law, in the climate impact assessments. It also granted temporary injunctions for the fields. However, following the Norwegian State's appeal of the decisions, the injunctions are to be re-examined by the Borgarting Appeals Court.
"Ever since we won against the State, the government has tried to disrespect and ignore a very clear and strong District Court judgement. In the upcoming days we have the opportunity to stop three oil and gas fields from continuing to wreak havoc on the climate," said Frode Pleym, Head of Greenpeace in Norway.
In its landmark January 2024 judgement, the Oslo District Court agreed with Greenpeace Nordic and Natur og Ungdom that the lack of impact assessments of global climate effects of the three oil fields, named Yggdrasil, Tyrving and Breidablikk, violate Norwegian and EEA law, leading to the invalidity of their approvals. The Court also issued injunctions forbidding the State from granting any new permits necessary to construct and produce from the fields.[1]
Since then the Norwegian State has appealed the decisions and ignored the injunctions. The bans are to be re-assessed by the Borgarting Appeals Court starting today, while the issue of climate impact assessment has been sent to the supranational European Free Trade Area (EFTA) Court for an advisory opinion.[2]
Since the January decision from the Oslo Court, the precedent set on this matter has only become stronger. In April the European Court of Human Rights (ECtHR) made its first climate judgement in Klimaseniorinnen v Switzerland, confirming the plaintiffs' right to climate protection, while in a June judgement on combustion emissions in Finch, the UK Supreme Court explicitly highlighted that it agrees with the reasoning of Oslo District Court.[3]
The legal action challenging approvals of three oil fields in the North Sea builds upon legal precedent established in another climate lawsuit brought by the same organisations. It resulted in a judgement by the Norwegian Supreme Court in 2020, and later, an application to the ECtHR, currently before that Court. The organisations point to the Supreme Court's finding that the Norwegian State has an obligation to assess the global climate effects of new oil and gas fields prior to their approval.
"This case presents an opportunity for millions of barrels of oil to remain in the ground instead of further exacerbating climate disasters. The Court's decision on this case could set a significant precedent as the Norwegian government will be forced to reconsider its drilling plans and potentially influence future decisions on harmful oil and gas extraction. This is an important case for current and future generations and the environment, said Gytis Blazevicius, Head of Natur og Ungdom (Young Friends of the Earth Norway).
"Taking ambitious action to address the climate emergency is a duty of states and not some favour to communities. This case is part of a movement where people across the world are holding to account those responsible for the climate and nature crises which affect fundamental human rights." added Pleym.
The plaintiffs have seven expert witnesses who will give testimony on key elements disputed by the State, including the climate effects of the three oil and gas projects, which the State claims are insignificant.[4]
