🧃The Barrel’s in Your Court

Welcome to The Strawman, the daily climate newsletter that’s been told to keep an open mind — but still remembers when the government tried to call fracking “green.”

From Drill to Courtroom

The UK’s largest undeveloped oilfield, Rosebank, and the gas-rich Jackdaw site are both back in the legal firing line. These projects — spearheaded by Equinor, Ithaca, and Shell — were given a green light by regulators, but a landmark court ruling in January pulled the plug on their consents. Why? Because the government didn’t properly account for Scope 3 emissions — the emissions created when all that lovely oil and gas is eventually burned.

So now developers need to reapply under the newly clarified legal regime. But there’s a twist: Greenpeace is arguing that recent comments by top ministers show the government has already made up its mind. Which, in the world of planning law, is a big no-no.

The Scope 3 Showdown

This all stems from the 2024 Finch ruling, when the Supreme Court said emissions from the use of fossil fuels (not just their extraction) must be considered when greenlighting projects. That Scope 3 logic torpedoed Rosebank and Jackdaw’s consents earlier this year — a precedent that’s now rippling across the energy sector.

The developers haven’t reapplied just yet, waiting on new planning guidance. But Greenpeace is already sharpening its legal pencils. They've fired off letters warning the government that the chancellor’s and prime minister’s recent “they’ll go ahead” remarks could be interpreted as prejudging the outcome. In legal speak, that’s unlawful predetermination. In layman’s terms: you can’t rig the ref.

Legal Loopholes and Leaky Promises

Here’s the rub: both Rosebank and Jackdaw still have their licences. It’s just the consents that have been revoked. Think of it like holding a fishing licence but not yet having permission to cast your rod in a specific pond. The government says it’s committed to honouring those licences — but the courts are crystal clear that honouring them doesn’t mean ignoring emissions.

Meanwhile, Equinor and Shell are playing it cool. The former says Rosebank is “critical to the UK’s economic growth” and is cooperating with regulators. Shell isn’t commenting. And Greenpeace? They’re keeping receipts — requesting every shred of government communication on the projects since January.

The takeaway

The UK’s oil and gas plans aren’t just battling climate targets anymore — they’re now facing the courts, Scope 3 logic, and Greenpeace with a vengeance. Whether or not these projects go ahead, the legal climate has changed.