Nature and Youth and Greenpeace Nordic has filed a lawsuit against the Norwegian government for granting new oil exploration licences in the Barents Sea. In particular, the licensing decision grants the licence holders a legal right to exploration and an exclusive right to develop discoveries. Proceedings before the Oslo District Court began on 13 November 2017.[1] According to a court spokesman it’s too early to say when a ruling can be expected.

Oil exploration in the Barents Sea may be motivated by declining oil production in the Nord Sea. Moreover, the Barents Sea is expected to hold half of the Norway’s undiscovered oil and gas. In 2016, Norway awarded 10 Barents Sea exploration licenses to Statoil (Norway), Capricorn, Tullow and Centrica (UK), Chevron and ConocoPhillips (USA), DEA (Germany), Aker BP (Norway), Idemitsu (Japan), Lukoil (Russia), Lundin Petroleum (Sweden), OMV (Austria), and PGNiG (Norway/ Poland). According to the Greenpeace, new acreage to the oil and gas industry in the Arctic Barents Sea has been opened for the first time in more than 20 years.[2]

Nature and Youth and Greenpeace Nordic claim that the licensing decision breaches the Norway’s constitution and is incompatible with Norway’s commitment to fight climate change under the Paris Agreement.[3] Article 112 of the Norway’s constitution provides for a right to an environment that is conducive to health and to a natural environment whose productivity and diversity are maintained. In addition, natural resources shall be managed in a way that protects that right for future generations.

Nature and Youth and Greenpeace Nordic claim that the environmentally harmful effects of the Licensing Decision are so serious that they can never be justified based on economic gains. Moreover, climate change does not only put material values at risk, but also life and health in many places in the world. Since the licensing decision significantly contributes to further warming of the climate far into the future it violates the absolute prohibition of climate and environmental harm anchored in Article 112 of the Constitution.[4]

The gLAWcal Team

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[1] Climate lawsuit against Arctic oil goes to court. Available at: <http://www.greenpeace.org/international/en/press/releases/2017/Climate-lawsuit-against-Arctic-oil-goes-to-court/>

[2] Ibid.

[3] Norway ratified the Paris Agreement on 20th June 2016.

[4]  Legal writ submitted to Oslo District Court. Available at: < http://www.greenpeace.org/norway/Global/norway/Arktis/Dokumenter/2016/legal_writ_english_final_20161018.pdf>