Greenpeace v. the Government

Last edited 15 October 1999 at 8:00am
15 October, 1999

Mr Justice Kay has indicated he will give his verdict within three weeks on Greenpeace's case against the Government for failure to apply the EC Habitats Directive to oil exploration in the Atlantic Frontier.

The case ended Thursday afternoon after Mr Justice Kay heard all the arguments from Greenpeace, the Government and the 10 oil companies. The QC representing the oil companies asked the judge to refer the case to Europe if he found in Greenpeace's favour on certain matters.

During the 4-day hearing, the Government admitted in court that whales and dolphins may be harmed by oil development. They also admitted that if Greenpeace were successful they may have to take remedies to protect the offshore environment.

The Government's case mainly focussed on technical arguments. However Greenpeace believes that the Government has failed to give adequate answers to its evidence concerning the risks to whales, dolphins and cold water coral from oil exploration.

Nigel Pleming QC, summing up for Greenpeace said, "this case is not, as the Government suggests about 'headaches for whales' but about real risks to endangered species and habitats that have been singled out for protection by the European Commission."

Greenpeace argues that any future licensing for oil development in the Atlantic Frontier is illegal until conservation measures are introduced for wildlife under the Directive. In addition Greenpeace argues that Government guidelines to protect whales and dolphins from the impact of seismic testing fail to meet the strict requirements of the Directive.

 

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