PETITION OF GREENPEACE LTD FOR JUDICIAL REVIEW [2020] ScotCS CSOH_88 (01 October 2020)

PETITION OF GREENPEACE LTD FOR JUDICIAL REVIEW [2020] ScotCS CSOH_88 (01 October 2020)

The petition is incompetent as there is a statutory appeal mechanism under Regulation 16 that encompasses the Secretary of State's agreement; the supervisory jurisdiction of the court is not required where another process exists.

Citation
[2020] ScotCS CSOH_88
Parties
Petitioner: Greenpeace Ltd; First Respondent: Secretary of State for Business Energy and Industrial Strategy; Second Respondent: Oil and Gas Authority; Interested Party: BP Exploration Operating Company Limited; Interested Party: Ithaca
Jurisdiction
Scotland
Judgment Date
01 October 2020
Procedural Posture
Judicial Review / Permission to Proceed
Outcome
Permission to proceed refused
Legal Topics
Environmental Impact Assessment Directive, Judicial Review, Statutory Appeal Mechanism, Transposition of EU Directives, Access to Justice Under Aarhus Convention
Environmental Law Administrative Law Energy Law Environmental Impact Assessment Directive Judicial Review Statutory Appeal Mechanism Transposition of EU Directives Access to Justice Under Aarhus Convention

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Parties

Greenpeace Ltd

Petitioner

Secretary of State for Business Energy and Industrial Strategy

First Respondent

Oil and Gas Authority

Second Respondent

BP Exploration Operating Company Limited

Interested Party

Ithaca

Interested Party

Procedural Posture

Judicial Review / Permission to Proceed

Legal Issues

  1. 1 Whether the Offshore Petroleum Production and Pipelines (Assessment of Environmental Effects) Regulations 1999 fully transpose the Environmental Impact Assessment Directive
  2. 2 Competency of judicial review versus statutory appeal under Regulation 16
  3. 3 Scope of Regulation 16 appeal regarding Secretary of State's agreement

Ratio Decidendi

The petition is incompetent as there is a statutory appeal mechanism under Regulation 16 that encompasses the Secretary of State's agreement; the supervisory jurisdiction of the court is not required where another process exists.

Court Disposition

Permission to proceed refused

Orders

  • Petition dismissed
  • No permission to proceed with judicial review