Climate impact of oil and gas extraction: new case law on Scope 3 emissions

By Sebastiaan De Meue

When oil and gas extraction projects are authorised, should account also be taken of greenhouse gas emissions that will only arise when the extracted fossil fuels are eventually burned, sometimes years later and thousands of kilometres away?

In the latest edition of MER (Milieu- en Energierecht), Sebastiaan De Meue analyses two significant European rulings from 2025: the EFTA Court’s advisory opinion of 21 May 2025 and the ECtHR’s judgment of 28 October 2025 in Greenpeace Nordic and Others v. Norway.

Both cases concern the indirect climate impact of Norwegian oil and gas extraction and the so-called “production gap”: the tension between continued fossil fuel extraction and the achievement of climate targets.

The contribution examines these issues from the perspective of environmental impact assessment as well as human rights, against the backdrop of the landmark Verein KlimaSeniorinnen judgment. Particular attention is paid to “Scope 3 emissions”: indirect emissions that, originating in frameworks such as the GHG Protocol and sustainability reporting rules, are increasingly finding their way into environmental permitting law. The full contribution is available in the latest edition of MER and via LexNow or Omgevingplus.