legal

The Government was defeated in court today (5th November 1999) in a landmark legal ruling which protects coral reefs and whales and dolphins in Britain's North East Atlantic. Mr Justice Kay ruled that all future offshore oil licensing is illegal until the Government properly applies the EU Habitats Directive.
Justice Kay told the court that the Government had "clearly" not applied the Habitats Directive in initiating the next round of oil licensing in the North East Atlantic.

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.

Ten oil companies today attempted to strip European citizens of the right to enforce powerful wildlife laws when their lawyers argued in the High Court that Greenpeace cannot make the Government enforce the European Union Habitats Directive.

Greenpeace's QC today branded the Government's main legal argument a breach of the organisation's human rights and an abuse of the legal process. The Government argues that Greenpeace delayed in applying for a judicial review of its oil licensing on the Atlantic Frontier and that Greenpeace should have made its application sometime over the last five years.

The Government has conceded that oil and gas exploration in the Britain's North East Atlantic - the Atlantic Frontier - may harm whales and dolphins. The admission came in the High Court today where Greenpeace is taking the Government to court for failing to apply wildlife protection law up to 200 nautical miles from the coast.

Blue whale gets less protection than the medicinal leech