Impact of the Finch case on EIA and the carbon accounting space

Landsburgh, Chris; D'Amico, Bernardino; Davies, Ian

Abstract

The UK Supreme Court's ruling in "R (on the application of Finch on behalf of the Weald Action Group) (Appellant) v Surrey County Council and others (Respondents)" marks a pivotal moment in environmental law and greenhouse gas emission responsibility. The court's decision to include greenhouse gas emissions from the combustion of oil extracted from a project site within the Environmental Impact Assessment significantly broadens the scope of GHG assessments. This landmark ruling mandates a comprehensive examination of the entire project lifecycle and value chain actions, setting a precedent for more rigorous environmental accountability. The judgment emphasises causation and responsibility, underscoring the necessity for transparent and traceable environmental assessments. These are crucial for promoting best practices in sustainability and fostering innovation toward a lower-carbon economy. The article delves into the implications of this decision on the EIA process, focusing on GHG emissions and the importance of including downstream emissions in environmental assessments. It also explores the concepts of enabled emissions, control, influence, and responsibility within the value chain, highlighting the collective role of all stakeholders in mitigating environmental impacts. This collective responsibility is a call to action for everyone involved. The article references relevant judgment paragraphs (Para X) where appropriate.

Citation

Landsburgh, C., D'Amico, B., & Davies, I. (2025). Impact of the Finch case on EIA and the carbon accounting space. Proceedings of the ICE - Engineering Sustainability, 178(2), 135-140. https://doi.org/10.1680/jensu.24.00108

• Journal Article Type: Commentary
• Acceptance Date: Oct 4, 2024
• Online Publication Date: Oct 4, 2024
• Publication Date: 2025-04
• Deposit Date: Oct 4, 2024
• Publicly Available Date: Oct 5, 2025
• Journal: Engineering Sustainability
• Print ISSN: 1478-4629
• Electronic ISSN: 1751-7680
• Publisher: ICE Publishing
• Peer Reviewed: Peer Reviewed
• Volume: 178
• Issue: 2
• Pages: 135-140
• ISBN: 1478-4629
• DOI: https://doi.org/10.1680/jensu.24.00108
• Keywords: environmental impact assessment (EIA), greenhouse gas emissions (GHG), downstream emissions, value chain responsibility, causation, sustainability, UK supreme court, environmental law, lifecycle assessment, enabled emissions
• Public URL: http://researchrepository.napier.ac.uk/Output/3880278