Lunch and Learn: The Supreme Court decision in Finch

The Supreme Court decision in Finch: Downstream Emissions under the EIA Regulations

Kamran Hyder, partner at Ward Hadaway LLP acted for one of the interested parties in the Finch decision. He will discuss the reasoning behind both the majority judgment and the dissenting judgement, and discuss the decision's impact on development schemes now coming forward and the extent to which downstream emissions will need to be taken into account when determining EIA development schemes.

Kamran will also discuss the West Cumbria Mining High Court case which was heard shortly after Finch was handed down, and in which Ward Hadaway acted. That case raised, but was ultimately unsuccessful on, an interesting alternative to the Finch decision, namely that there were no additional downstream emissions due to what became known as the substitution argument.