The RSPB has lodged a Supreme Court case in a bid to overturn planning permission for three Scottish offshore wind farms totalling 2.1GW.
Edinburgh’s Court of Session, which reinstated the consents earlier this year, last month ruled out an RSPB appeal but a spokesman for the bird charity told reNEWS it has now lodged a case directly with the Supreme Court.
Judges will now decide whether or not to grant a hearing for the case, it is understood.
It is the latest step in the long-running judicial review taken by the RSPB over the consenting and potential bird impacts of the 450MW Neart na Gaoithe, 600MW Inch Cape and 1050MW Seagreen projects.
RSPB Scotland Anne McCall said the charity had not taken the decision lightly but it still has “concerns” with how Scottish Ministers consented the projects in 2014.
“Additionally, the issues of the case and the recent Inner House judgement extend beyond simply the impacts of these developments on important seabird populations. Therefore due to the implications of this latest decision for many aspects of our work we felt we had no choice but to apply to the Supreme Court,” she said.
She added: “We are hopeful that our application is successful and that we are granted leave to appeal so these important issues of public interest can be considered in detail by the Supreme Court.”
Mainstream’s chief operating officer Andy Kinsella said: “We are extremely disappointed that RSPB Scotland has chosen to ignore the Scottish courts, and the growing groundswell of public opinion, to pursue yet another court action.
“RSPB Scotland is putting at risk not only this £2bn renewable energy development and the significant role it will play in tackling climate change but the hundreds of jobs and economic benefits that it represents.”
Seagreen partner SSE said it is also “disappointed” by the RSPB’s decision to take the case.
“The project partners, who remain fully committed to the diligent development and delivery of the projects, will consider their next steps in response to the outcome of this legal process,” it said.
A spokesman for the Scottish Government said it is aware of the move “which comes after the Court of Session rules, decisively, in favour of Scottish Ministers”.
Inch Cape developer Red Rock Power has not responded to a request for comment.
Mainstream had earlier called on the RSPB to abandon the legal challenge.
Kinsella told the Courier newspaper that any Supreme Court hearing could lead to a “minimum delay in the project of a year”. Mainstream is currently eyeing a 2021 commissioning date.
He also said the RSPB may decide to appeal the case to Europe “which could take years”.
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