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Legal ‘wins’ on the road to ecocide

Legal ‘wins’ on the road to ecocide

Carbon capitalism is going nowhere without social transformation—and it won’t happen through the courts

~ Blade Runner ~

In what has been described as “a huge victory” for Greenpeace and Uplift, Scotland’s Court of Session ruled on 30 January that the government’s approval of the Rosebank oil field was unlawful. This case adds to a series of fossil fuel extraction projects currently under legal scrutiny. The High Court has ruled that the government failed to properly assess its environmental impact of the West Cumbria coal mine, following a challenge by Friends of the Earth (FOTE) and South Lakes Action on Climate Change (SLACC). Similarly, the oil well at Horse Hill, near Gatwick Airport, faces legal challenges.

The optimism expressed by FOTE as well as Just Stop Oil about these cases is misleading. In Scotland, works can continue, provided no oil and gas is extracted until fresh approval is granted. Nor has the Labour government ruled out approving 13 licensed fossil fuel projects, which could release emissions equivalent to 111 of the world’s lowest-emitting countries, home to a combined population of 649 million.

In August 2024, BP struck a deal with Iraq to develop the Kirkuk oil and gas fields, aiming to boost production. By October, BP abandoned its target to cut oil and gas output by 2030, signalling a shift away from its previous energy transition commitments.

The harsh reality is that greenhouse gas emissions have risen almost every year since the Industrial Revolution—CO2 emissions today are six times what they were in 1950. The only periods when emissions did not grow were when capitalism slowed down because of a world recession, war, or pandemic. The rise in emissions continues despite the green energy boom and well-intentioned environmental campaigns. European countries have merely shifted their reliance to fossil fuel imports from the USA and Russia while easing domestic pressure for reform. Governments worldwide continue pushing major extraction projects, from the Willow Project in Alaska to onshore and offshore large-scale drilling in Brazil, including in the Amazon.

As rising energy demand and industrial growth push major energy players to maintain profit margins through relentless extraction, the global capitalist system fuels further expansion through ‘green’ investment. By 2023 Tesla had delivered a 1,176% return over 4 years while solar panel manufacturer First Solar saw a five-year total return return of 226.15%. US investments in power grid expansion are taking off to meet soaring demand from AI farms and supply from solar and other ‘clean’ power plants. China added 160 gigawatts of photovoltaic power capacity in the January-September period, and Europe was expected to spike 50 terawatt-hours of solar energy generation. The Democrats’ Inflation Reduction Act spurred $110 billion in private investment in U.S. clean energy manufacturing in a single year.

However, even as renewable energy becomes more competitive, fossil fuel companies continue to expand operations to maintain profits, often getting away with environmental crimes. Fossil fuel infrastructure is fixed capital that cannot be easily repurposed. Whether privately owned or state-run, there is no rush to retire these assets and give up extracting energy and profits. Renewables are not replacing fossil fuels, they are only another growth sector. Even Shell plans to invest around 5 billion dollars a year in low-carbon energy solutions, 8% of its total spending.

All this even before January, when US President Donald Trump declared a national energy emergency, a move unprecedented in U.S. history. This declaration is intended to expedite the permitting process for oil, gas, and power projects, thereby accelerating fossil fuel production. This is the same capitalist drive for perpetual growth that is pushing us towards a dead planet.

The UK, often praised for decoupling growth from emissions, remains a major player in oil, gas, and high-pollution industries. Its financial sector, led by banks like HSBC, funds fossil fuels and other extractive industries. It presents itself as a climate leader while sustaining environmental destruction and suppressing domestic calls for mere reform.  

Images: Ecopolitics podcast CC BY-NC-ND 2.0

We are living through an unprecedented ecocide, and without revolutionary social transformation, the global economic framework will continue killing life on Earth. Whether they go to court or stage civil disobedience, reformist climate groups have a questionable impact. They only perpetuate the stale illusion that we live in a responsive democracy, and the ‘energy transition’ they call for is somehow supposed to co-exist with capitalism’s structural reliance on extraction and expansion. Individual victories in the courts fall far short of what global crisis requires.

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