To some, they are a vital part of protecting the environment.To others, they are the bane of their lives. Yes, it is our old friend the environmental impact assessment (EIA). One thing about them is incontrovertible: given it is virtually impossible to mount a head-on challenge to the planning merits of a grant of permission, they are a favourite route for a 'back-door' challenge. Judicial reviews of the EIA process are seen as one of the most prominent legal risks of the planning process. So it is vital for the courts to set out limits to the EIA process in a way that is decisive, logical and shows an awareness of real practicalities.That is what the High Court had to consider in R(Finch) v Surrey County Council ([2020] EWHC 3566 (Admin)).The issue was whether an EIA for an oil-well development had to assess the environmental effects of the greenhouse gas (GHG) emissions produced by the end users - trains, planes and automobiles - of the crude oil produced.
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