Judicial consensus on end-user emissions as indirect environmental effects: the case of R (Finch) v Surrey County Council and Ors

This case commentary examines the decision in R (Finch) v Surrey County Council, which held that downstream greenhouse gas (GHG) emissions arising from the combustion of fossil fuel must be included as indirect effects in environmental impact assessments (EIAs) under the Town and Country Planning (EIA) Regulations 2017. The decision marks a significant shift as it further embeds climate accountability into planning permissions with respect to fossil fuel projects. The commentary engages with the Finch case clarifying its scope with respect to EIA causation and indirect effects. Then, it locates Finch within existing case law on indirect effects, comparing Finch with decisions from Scotland and South Africa, concluding that Finch indicates a growing judicial trend integrating downstream GHG emissions into climate governance.