Court bid to stop TotalEnergies drilling

Environmental lobby groups The Green Connection and Natural Justice have jointly initiated a legal challenge against the decision to grant TotalEnergies environmental authorisation for exploratory drilling for offshore gas and oil in block 5/6/7, located off the coast between Cape Town and Cape Agulhas.

The groups announced on Monday that they had filed a review application with the high court in Cape Town seeking to have the initial decision to grant environmental authorisation by the department of mineral resources & energy (DMRE) overturned. They also want the court to review and set aside environment minister Barbara Creecy’s decision to reject appeals brought against the DMRE’s decision.

The authorisation granted by the DMRE gives TotalEnergies the right to conduct exploration activities across an area of about 10,000km² located 60km170km from the coast, at a depth of 1,000m to 3,200m.

TotalEnergies holds rights to the exploration block, along with Shell and PetroSA.

The Green Connection’s strategic lead, Liziwe McDaid, emphasised the importance of this legal action in safeguarding the interests of coastal communities and the ocean they rely on, as the decisions being challenged could have significant long-term consequences.

“We do not believe that the DMRE’s decision to grant environmental authorisation and Creecy’s subsequent dismissal of appeals were in the public interest, for both current and future generations.

“This is why this legal action is so critical because it challenges decisions that could have far-reaching impacts on the wellbeing of coastal communities and the ocean that they depend on,” said McDaid.

The legal grounds for the review highlight the government’s failure to assess the socioeconomic impact of a potential oil spill on local fisheries and disregard for climate change effects linked to oil or gas usage. The Green Connection and Natural Justice also expressed concern over the lack of proper evaluation of oil spill blowout contingency plans.

In court papers seen by Business Day, the groups said a well blowout, as outlined in TotalEnergies’ final environmental impact report, occurs when there is an uncontrolled release of crude oil or natural gas from a well after pressure control systems have failed. If such an incident were to happen, it would have severe ramifications for commercial fishing in the area.

The groups stated that TotalEnergies did not supply a full assessment of how this would affect local communities and fisheries.

TotalEnergies also intends to carry out offshore drilling in the Deep Water Orange Basin off the West Coast between Port Nolloth and Hondeklip Bay, for which the DMRE has already granted exploration rights.

It also plans to drill between Mossel Bay and Cape St Francis (offshore blocks 11B/12B) and has submitted a production right application, which is now in its public participation stage.

TotalEnergies and PetroSA have for some time been in talks about the state-owned petroleum company being a potential off-taker for gas from blocks 11B and 12B to supply gas to PetroSA’s gas-to-liquids refinery in Mossel Bay. The plant has been at a standstill since 2020 due to the depletion of offshore gas feedstocks.