R (Nobel Oil E&P North Sea Limited) v Oil and Gas Authority, TotalEnergies (Interested Party)

The case concerned the proposed decommissioning, by TotalEnergies, of a Floating Production Storage and Offloading vessel (“FPSO”). TotalEnergies required the approval of its decommissioning programme by the Offshore Petroleum Regulator for Environment and Decommissioning (“OPRED”). Under the Petroleum Act 1998, the NSTA was required to provide certain advice in relation to the content of a Decommissioning Programme and in assisting OPRED.

The Claimant holds minority interests in certain fields which used the FPSO. The Claimant was challenging the advice given by the NSTA, first to Total, and (in a further, joined application for judicial review) to OPRED. The Claimant contended (amongst other grounds of challenge) that the NSTA had predetermined its advice and the procedure was unfair, and that its advice was otherwise flawed including due to a failure to adhere to the statutory principal objective of maximising the economic recovery of UK petroleum.

The Court (Males LJ and Dove J) rejected all grounds of challenge, dismissing the first judicial review and refusing permission on the second judicial review. The process was fair, not predetermined, and the NSTA had not erred in its analysis.

Kate Gallafent KC, Jane Collier, Tom Lowenthal and Warren Fitt acted for the NSTA.

Lord Keen of Elie KC and Daniel Cashman acted for TotalEnergies.