AC-2024-LON-002888 - [2025] EWHC 2139 (Admin)

Mr Justice Dove:

Introduction

This case concerns the decommissioning of a Floating Production Storage and Offloading vessel (“FPSO”) known as the Gryphon FPSO. The claimant, who is a part owner in two oil fields served by the Gryphon FPSO, brings this judicial review in relation to two of the steps required under the Petroleum Act 1998 to enable oil infrastructure in the form of the Gryphon FPSO to be decommissioned and removed. The defendant is a statutory regulator of the petroleum industry in the North Sea and has particular responsibilities in relation to the decommissioning process which are detailed below. Total Energies E&P North Sea Limited (“Total”) are an operator and owner in the North Sea petroleum industry and they are the joint owner of the Gryphon FPSO. The Offshore Petroleum Regulator for Environment and Decommissioning (“OPRED”) is part of the Department for Energy Security and Net Zero. OPRED, whilst not a separate legal entity, is the part of the Department for Energy Security and Net Zero which performs the Secretary of State’s functions in relation to Part 4 of the 1998 Act as set out below.

This judgment relates to two applications for judicial review. The first, JR1, relates to the advice given by the defendant to Total pursuant to section 29 of the 1998 Act. Permission to apply for judicial review was granted at an oral hearing on 13 February 2025. The second judicial review, JR2, relates to the advice given by the defendant to OPRED as required by section 32 of the 1998 Act for the purposes of enabling OPRED to make its own decision in relation to the decommissioning plan pursuant to section 32 of the 1998 Act. JR2 is before the court for a “rolled up” hearing. On 30 April 2025 a hearing occurred in relation to the claimant’s application for a stay of OPRED’s decision under section 32 of the 1998 Act, but that application was refused in a decision given on 1^st May 2025.