Energy Disputes

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Recent Articles

  •  
    01/03/2024
    United Kingdom, Norway

    “End user” combustion emissions – an essential requirement in environmental impact assessments for upstream oil & gas developments?

    End-user combustion emissions, and the extent to which these should be considered in the context of industrial developments, have been the subject of recent attention in both the oil and gas industry and the wider media.  Environmental campaigners argue that these should be taken into account in assessing the environmental impact of a proposed development; typically regulators and government authorities have adopted a narrower approach. This article discusses two significant cases considering this issue - a recent decision of the Oslo District Court in Norway, and an anticipated decision of...
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  •  
    23/02/2024
    Scotland

    Scottish wildcat group’s challenge to windfarm permission unsuccessful

    Wildcat Haven, a community interest company, sought to challenge the decision of the Scottish Ministers to grant permission for construction of a new wind farm at Clashindarroch Forest in Aberdeenshire. The Court held that Wildcat Haven had failed to establish that the decisions were attended by any error of law and there was therefore no scope for intervention by the court.In June 2023 Vattenfall’s application for the construction of a new wind farm in Clashindarroch Forest was granted under section 36 of the Electricity Act 1989 by the Scottish Ministers. The petitioners, Wildcat Haven,...
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  •  
    23/01/2024
    United Kingdom

    OEUK Decommissioning Security Agreements – Default Provisions

    It is crucial to the operation of the arrangements set out in decommissioning security agreements (“DSA”) that parties post the required security within the timelines set out in the DSA as well as comply with their other obligations under the DSA. To enforce this requirement (and in common with many types of contracts), DSAs will include default provisions to cover various circumstances which may impact on the amount of availability of the security provided under the contract.The consequences of default when such circumstances arise differ depending on the specific terms of the provisions....
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  •  
    16/01/2024
    United Kingdom

    Energy Sector: Is this REUL-ly happening? Update on the Retained EU Law (Revocation and Reform) Act 2023

    We reported in 2022 on the introduction to Parliament of the Retained EU Law (Revocation and Reform) Bill (the “Bill”). The legislation underwent some significant amendments before the ultimate enactment of the Retained EU Law (Revocation and Reform) Act (the “Act”) in June 2023. In this Law-Now, with the end-of-2023 sunsetting deadline just having passed (and even as the President of the European Commission publicly invites the younger generation to “fix” the UK’s departure from the EU), we briefly look at what has and has not changed since our previous...
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  •  
    30/11/2023
    England and Wales

    Newcomer Injunctions: new Supreme Court decision

    This recent decision gives comfort to a number of companies and other entities, particularly in the Energy sector, who have obtained similar injunctions: Wolverhampton City Council and others v London Gypsies and Travellers.Whilst this case related specifically to injunctions obtained by various Councils in relation to traveller encampments, the decision is more far reaching.  This is as a result of the rise of the use of similar injunctions against so called “newcomers” in relation to areas as diverse as environmental protests, breaches of intellectual property rights and unlawful...
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  •  
    24/10/2023
    United Kingdom

    High Court Dismisses Greenpeace and Uplift’s Judicial Review Claim Against 33rd Offshore Oil and Gas Licensing Round

    The High Court in London has handed down a judgment dismissing Greenpeace and Uplift’s judicial review challenge against the North Sea Transition Authority’s (the “ NSTA ”) 33rd Offshore Oil and Gas Licensing Round (the “ Licensing Round ”).BackgroundFollowing the NSTA’s launch of the Licensing Round in October 2022, it was reported that several climate campaign groups had each written to the Business Secretary, Grant Shapps, contesting that the Licensing Round was unlawful, and were calling for the decision (taken by his predecessor Jacob Rees-Mogg) to...
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