Opponents of the Horse Hill oil site near Gatwick airport are seeking to overturn the decision of a High Court judge.
Last month Mrs Justice Lang refused a judicial review of the decision by Surrey County Council to grant planning permission for 20 years of oil production at Horse Hill.
The judge rejected the argument made by local campaigner, Sarah Finch, that the council should have taken into account the climate effects of burning the produced oil.
Now Ms Finch, a member of Weald Action Group, is seeking permission to appeal against Justice Lang’s ruling.
Ms Finch’s lawyers, Leigh Day, said that the judge erred in law because the council failed to assess the indirect greenhouse gas impacts or take account of national climate policy and environmental protection objectives.
The law firm said:
“Despite the refusal of our client’s renewed application for permission to bring a judicial review, she is now seeking permission to appeal that decision in the Court of Appeal.
“She believes that the grounds of her case – relating to the failure to assess the relevant environmental protection principles and also the failure by Surrey Council to assess the greenhouse gas emissions arising from the combustion of oil produced on the site – remain arguable.”
Ms Finch had also argued that the council failed to make its members aware of evidence which she said linked activities at Horse Hill with earthquakes in the area.
But Weald Action Group said it proposed to pursue this part of the case in other ways and Ms Finch would continue the judicial review solely on climate grounds.
The group said:
“The grounds for a judicial review raise general points of wider significance and public importance, which the Appeal Court should examine at the first opportunity.”
A request for an appeal is made by submitting documents on paper, without a court hearing.
Ms Finch is crowd-funding to continue the challenge. Link