Environmentalists, govt and Total in new court battle over drilling by Liesl Peyper

[Nat Quinn]

Environmentalists, govt and Total in new court battle over drilling by Liesl Peyper

The South African government and the environmental groups The Green Connection and Natural Justice will once again face off in court about TotalEnergies’ intended exploratory drilling off the southwest coast of South Africa.

In March this year, the environmental groups applied to review and set aside Total’s authorisation from the Department of Mineral Resources and Energy (DMRE), which allows it to drill off the Western Cape coast, between Cape Town and Cape Agulhas.

The environmental groups also want the courts to set aside the Department of Forestry, Fisheries, and the Environment’s (DFFE) dismissal of their appeals against Total’s application to drill in the said location.

Both departments, along with Total, gave notice that they would oppose the latest legal challenge.

In October 2023, Barbara Creecy, Minister of Forestry, Fisheries, and Environmental Affairs, dismissed the environmental groups’ appeals against Total’s planned offshore drilling.

The Green Connection and Natural Justice said in a statement on Friday that they are “ready for court” now that they have received notification of the government’s opposition to their joint legal challenge.

“We believe the process has been flawed and are therefore in court. With the news that all the respondents intend to oppose us in court, we remain steadfast in ensuring that good governance prevails and that we also do not take and end up with those activities that will hinder South Africa’s efforts to combat climate change.”

In court papers filed in March, the environmental groups argue, among other things, that Total’s Environmental Impact Report (EIR) neither complied with the requirements of the National Environmental Management Act (Nema) nor the Integrated Coastal Management Act (ICMA).

“The Green Connection believes in responsible governance, which should include protecting the ocean for this and future generations … we do not agree that a French oil company should be allowed to come here to plunder and destroy our ocean for oil and gas … our government does not seem to be taking its commitment to the Paris Agreement very seriously,” the groups said in the statement.

The latest court challenge comes amid Shell’s announcement this week that it will be divesting its downstream operations in South Africa and other countries on the continent. There is speculation that Total and BP could follow suit as part of a broader strategy to pull back from markets where refineries and integrated operations are absent.

Shell’s court challenge – to have a previous ruling that prevented it from exploring the environmentally sensitive Wild Coast overturned – is still pending.

In 2022, the courts banned Shell from drilling in the area for fear of the effects the seismic testing could have on wildlife.

Gwede Mantashe, Minister of Mineral Resources and Energy, strongly condemned the court challenge and has regularly accused environmental groups and non-governmental organisations (NGOs) of being hellbent on chasing oil companies out of South Africa and wanting to hinder development.

source:Environmentalists, govt and Total in new court battle over drilling – Moneyweb

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