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Norway’s Supreme Court to Decide on Climate Lawsuit Challenging Offshore Arctic Oil Drilling

Norway’s Supreme Court to Decide on Climate Lawsuit Challenging Offshore Arctic Oil Drilling

Greenpeace protest against Norway arctic oil drilling
The Supreme Court of Norway is set to rule in a high-profile climate change lawsuit challenging the Norwegian government’s licensing of new offshore oil drilling in the fragile and rapidly warming Arctic region. The forthcoming decision from Norway’s highest court could, for the first time anywhere in the world, invalidate offshore petroleum production on climate change grounds.

Hearings before the country’s Supreme Court in the case, dubbed The People v. Arctic Oil, began on November 4 and concluded on November 12; a decision is expected within the next few months.

The fate of the climate, and millions of people across the world affected by extreme weather events, hangs in the balance of every barrel of oil we either extract, or leave in the ground. The Norwegian state has an obligation to both the Paris Agreement and the Norwegian Constitution to minimise the health and safety risks from the climate crisis on future generations,” Frode Pleym, head of Greenpeace Norway, one of the organizations challenging the oil licenses, said in a statement. “The Supreme Court now has the unique opportunity to decide over the future of new oil drilling in the middle of a climate crisis.”

Greenpeace Norway and an environmental youth-led organization called Nature and Youth (also referred to as Young Friends of the Earth Norway) sued the Norwegian government in 2016 challenging the opening of new areas of the Barents Sea to oil drilling; the hearings over the past week are the culmination of this lawsuit which has weaved its way through the courts over the past four years.

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Obama Slams The Door On Future U.S. Arctic Drilling

Obama Slams The Door On Future U.S. Arctic Drilling

The Obama administration officially shut the door on Arctic drilling, a move that could prevent any new drilling for years to come.

The U.S. Department of Interior announced on October 16 that it would cancel two lease sales for offshore acreage, which had been scheduled to take place in 2016 and 2017. Environmental groups have been doggedly criticizing the Obama administration for allowing Royal Dutch Shell to drill in the Arctic to begin with, citing the potential catastrophe if an oil spilled occurred. They had called upon the President to deny any permits to Shell.

But it wasn’t environmental protest that killed off Shell’s drilling campaign. What really forced the Anglo-Dutch company to retreat was low oil prices and disappointing drilling results.

Similarly, the Obama administration is now shutting the door on future lease sales not because of concerns over the environment, but “In light of current market conditions and low industry interest,” as Interior put it in a statement.

Related: Airstrikes Have Yet To Stop ISIS Oil Industry

On its face, the move is a logical one. Few other companies were interested in drilling in the Chukchi or Beaufort Seas, despite several having purchased leases years ago. Statoil and ConocoPhillips, two other large oil companies interested in the Arctic, had previously put their Arctic ambitions on ice because of the difficulty and high costs associated with drilling in the region. With Shell announcing that it would suspend U.S. Arctic exploration for the “foreseeable future” there are now zero companies that are viably interested in drilling anytime soon.

Remarkably, however, the interest in new leases had dried up even before the downturn in oil prices. Interior said that it put a “Call for Information and Nominations” in September 2013, which is essentially a way for the government to solicit interest from the industry on which areas to auction off based on their interest.

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Senators Call For End To Arctic Drilling As Shell Gets Permits To Begin Work In Chukchi Sea

Senators Call For End To Arctic Drilling As Shell Gets Permits To Begin Work In Chukchi Sea

Shell received the final permits it needed to begin drilling exploratory wells in the Chukchi Sea last Wednesday, but a group of Senators led by Oregon’s Jeff Merkley is calling for a ban on Arctic drilling altogether.

According to the Associated Press, the permits are somewhat conditional: In granting the company the green light, the Department of the Interior said Shell can only drill the top sections of wells, or to about a depth of 1,300 feet, because critical emergency response gear, including a well-capping device in the event of a blowout or leak, will not be present for the foreseeable future.

The capping stack and other emergency gear is on board the MSV Fennica, which is in Portland, Oregon for repairs after Shell opted to send the ship out of Dutch Harbor, Alaska on July 3 via a shallow and evidently treacherous route, choosing speed over safety.

The Fennica is an icebreaker — a ship literally designed to break through ice, one of two such ships in Shell’s Arctic fleet meant to protect its drill rigs from unsafe ice conditions. But the Fennica somehow suffered a gash in its hull more than 3 feet long before even leaving the harbor and was forced to head immediately back to port.

There is no word on how long the repairs will take. When the capping stack is available to be deployed within 24 hours, aDOI spokesperson told the Associated Press, Shell can apply for an amended permit that would allow the company to drill deeper.

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