GREENPEACE VERSUS UK GOVERNMENT: PAPERS LODGED FOR FIRST HEARING OF LEGAL CHALLENGE OVER ATLANTIC FRONTIER
London, 26 June 1997
Greenpeace has today lodged papers with the High Court as the first stage in its case against the UK Government over exploration licensing in the Atlantic Frontier.
Greenpeace will now be given a Hearing date to present its case.
The High Court will then decide whether or not to grant leave for a full Judicial Review of the British Government's decision to grant oil licenses on the Atlantic Frontier. The case argues that the Government unlawfully issued licenses for oil exploration and production on the 7th April as part of the 17th licensing round.
Greenpeace claims that the licenses are unlawful for two reasons.
The first is that the Government is failing to protect the cold water coral reef in the Atlantic Frontier region. The Government should have considered giving the reef special protection status under the European Habitats Directive prior to granting the licenses.
The second is that Greenpeace claims the Government has not taken the relevant steps to protect the Hebridean isles, including the island of St Kilda, from the impacts of oil activities. These isles are extremely rich in bird and marine life and are listed as Special Areas of Conservation (SAC) under the Habitats Directive and designated Special Protection Areas (SPAs) under the Birds Directive. Despite their special protection status, the UK Government failed to take this into account by conducting full environmental impact assessments prior to granting the licenses. This is also a breach of European and UK law.
Lodging papers with the High Court is the first step in the case.
On a future date to be advised (probably July), the Court will hear the case and decide whether or not to grant leave for a full Judicial Review and at the same time, whether to grant Greenpeace's request that they suspend the exploration process pending the outcome of the case.
Executive Director of Greenpeace Peter Melchett said, "We warned the Government that it was breaking the law and that if they did not stop we would take them to court. We will now be asking the Court to grant us a stay (suspension) of all these licenses until the case is finally decided."
The coral at the heart of the case is Lophelia pertusa, which grows in the very deep, dark waters of the North East Atlantic. The reef forming coral is thought to support around 800 organisms with a biodiversity as rich as a tropical rainforest. Unlike reefs in tropical waters, it is slow growing, has a slow recovery rate and is therefore vulnerable to the impacts of oil exploration.
The legal challenge forms part of Greenpeace's campaign to stop oil exploration in the Atlantic Frontier on the grounds of climate change.
FOR MORE INFORMATION CONTACT:
Greenpeace Press Office on +44(0)171- 865 8255/6/7/8