Should Scope 3 Emissions be Assessed?

A comparative analysis of Norway and the United Kingdom

Abstract

This article examines the ongoing legal developments and pressures to include Scope 3 greenhouse gas emissions (downstream combustion emissions) as part of the Environmental Impact Assessment (EIA) for oil and gas licensing. Primarily focusing on the Norwegian Continental Shelf, this article focuses on Norwegian laws and compares them against those in the United Kingdom (UK). A brief analysis will also be provided on the Supreme Court’s decision in the landmark case of R (Finch) v Surrey County Council and others [2024] UKSC 20, which established that Scope 3 emissions are to be a mandatory component in completing an EIA in the UK. Finally, this article also considers the advisory opinion put forward by the International Court of Justice on climate change. All these factors will be considered before assessing what these legal developments mean in practice for oil and gas companies preparing a license application on the Norwegian Continental Shelf.