In February 2025, Greenpeace published a legal analysis that found an EU ban on new oil, gas and coal projects would be feasible.

The report emphasises that, as fossil fuels are “by far” the largest contributor to the climate crises, they must urgently be phased out. It says legal measures adopted so far by the EU are “insufficient” in ensuring the EU meets its obligations under the 2015 Paris Agreement and its commitment to reach climate neutrality by 2050.

The report explores how the legislative measure would comply with the principles of conferral, proportionality and subsidiarity, alongside being adopted by the appropriate Treaty provision (“legal basis”).

It argues the ban would most likely be a ‘Regulation’ rather than a ‘Directive’, and that it should explicitly refer to prohibiting activities involved in the “extraction, production, transportation, distribution and use of fossil fuels in the EU”. It should also outline the legal obligations it creates for Member States and EU Individuals, and it should address other EU law instruments that “may need to be repealed”.

The report also argues the Regulation should address risks linked to investor-to-state arbitration and how to mitigate these risks.