Not backing down: youth and environmental organisations to take Norwegian oil fields injunction case to Supreme Court

The Borgarting Court of Appeal held on Monday that production and development on three oil fields in the North Sea can continue, denying Greenpeace Nordic and Natur og Ungdom’s (Young Friends of the Earth Norway) demand for a halt in development and production while the legal case on the merits continues.

Frode Pleym, Head of Greenpeace Norway, said: “In the Court of Appeal, our expert witnesses proved there is a direct connection between emissions from the oil fields and increased mortality, more extreme heat waves and irreversible climate change. The Court largely agrees with us that these damaging effects provide a basis for an injunction. However, we did not win this round, and we will appeal the ruling at the Supreme Court.”

In January 2024, the Oslo District Court found the approvals of three oil and gas fields invalid due to the lack of impact assessments of global climate effects.[1] The District Court also issued temporary injunctions forbidding the State from granting any new permits necessary to develop and produce from the fields. The Norwegian State appealed both the judgement and the injunctions.[2]

On Monday, the Court of Appeal declined the organisations’ claims for injunctions, to temporarily stop the development and production of the oil and gas fields, while the main case on the legality of the oil fields continues.

Earlier this year, the Court of Appeal requested an advisory opinion from the European Free Trade Association (EFTA) Court in Luxembourg before hearing this case’s main claim: whether the oil fields were approved on invalid grounds.[3] The EFTA Court will provide guidance on how an EU law, specifically a Project Directive, should be interpreted. When the case returns to the Norwegian Court of Appeals next year, this advisory opinion will carry significant weight.

Gytis Blaževičius, Head of Young Friends of the Earth Norway, said: “We remain optimistic ahead of the proceedings in the EFTA Court, and we are confident that we will win when the main claim is heard in the Court of Appeal next year. We have rulings from the Norwegian Supreme Court, Oslo District Court, and the UK Supreme Court on our side, all of which establish that global climate consequences must be assessed before new oil fields can be approved.”

Following the receipt and thorough review of the Court ruling, the organisations have announced their decision to appeal the ruling and confirmed they will be bringing the case before the Supreme Court.

Notes:

[1] Environmental and youth groups win climate court case against the Norwegian State – Greenpeace International 

[2] Norway appeals against climate-friendly Oslo Court judgement

[3] E-18/24 – The Norwegian State v Greenpeace Nordic, Nature and Youth Norway