Legal

New ground added to West Newton fracking challenge

The campaigner challenging consent for lower-volume fracking in East Yorkshire has added a new ground to his case.

Photo: Used with the owner’s consent

Peter Lomas, from Hornsea, is taking the first legal steps against the Environment Agency (EA), over its issue of a permit at the West Newton-A site in Holderness.

The site operator, Rathlin Energy, had said lower-volume fracking is required to allow commercial exploitation of a well at the site.

The new ground is based on the Finch Ruling, a successful case at the Supreme Court brought by Sarah Finch and the Weald Action Group on climate emissions from onshore oil and gas.

In a legal letter in early April, solicitors Leigh Day set out four grounds for Mr Lomas’s challenge:

  • Risk of induced seismicity
  • Risk to groundwater pollution
  • Impact on the Lambwath Meadows site of special scientific interest
  • Failure to consider international guidance on climate change

But a second letter has recently added that the EA failed, when making its decision on the permit, to consider and undertake a detailed environmental impact assessment (EIA).

The planning permission for production at West Newton-A was passed without an EIA, in March 2022.

This was more than two years before the Finch Ruling, which stated that decisionmakers must consider the downstream carbon emissions from using oil or gas produced onshore.

The Finch ruling also emphasised the importance of public participation in the EIA process and public understanding of the environmental impact of developments.

Mr Lomas’s lawyers argued there had been no environmental information about the downstream emissions from oil or gas produced at West Newton-A.

They said the EA was obliged to assess the environmental impact of oil and gas production resulting from lower-volume fracking.

Information was needed, they said, on emissions from using hydrocarbons from the well to ensure the public could properly participate in the process.

The lawyers have also revised the fourth ground in the case. It now argues that the EA failed to consider the impact of lower-volume fracking on climate change, under its duties in the Environment Act 1995.

Leigh Day has asked for further information from the EA on the first three grounds.