Legal papers have been submitted to the High Court in a legal challenge against plans for lower-volume fracking at an oil and gas site in East Yorkshire.

The case, brought by local campaigner Peter Lomas, seeks to quash the Environment Agency’s decision to permit the operation at the West Newton-A site in Holderness.

The site operator, Rathlin Energy, plans to inject liquid and proppant into the West Newton-A2 well at pressures high enough to fracture surrounding rocks.

The operation is intended to make oil and gas flow more readily to the surface and allow the commercial exploitation of the well.

The A2 well is drilled through the chalk aquifer, which supplies water locally. The West Newton-A site is 882m from the Lambwath Meadows site of special scientific interest.

The case

The case papers set out Mr Lomas’s three main reasons for applying for a judicial review of the decision:

• The EA breached environmental permitting and water protection regulations by failing to recognise the prohibition of inputting hazardous substances into groundwater. The EA has admitted an error in law by stating there would be an “indirect input” into groundwater. In fact, there would be a direct input. As a result, there was insufficient information for the public to comment, making a consultation so unfair as to be unlawful.
• The EA breached its responsibilities on reducing greenhouse gas emissions, facilitating public participation and understanding the effects of proposed work on the climate.
• The EA erred in law by granting Rathlin’s request for a variation of its environmental permit to allow fracking, without first reviewing the Hydraulic Fracturing Plan (HFP). This is a required document that aims to manage the risk of seismic events caused by fracking. Rathlin submitted the HFP to the EA three hours after the decision to allow fracking had been issued.

Peter Lomas said today:

“As can be seen by the grounds of my challenge it’s important that I oppose this environmental permit variation as far as I can.

“The regulators need to be held accountable at all stages of the environmental and planning processes. Scrutiny is paramount, as is transparency throughout all processes.

“Playing with figures, percentages and confusing wording when it comes to the very real risk of our precious drinking water being compromised is not negotiable. The risk of seismic events is a reality, it’s not an untruth.

“We simply cannot sit by and do nothing about it in the hope that it will all go away. We must all act and that’s why I’m acting as an individual, in the hope of quashing this permit variation.

“I thank everyone so far that have helped me in realising my legal challenge, and I hope that this will be a catalyst for others to follow suit.”

Fracking using large volumes of liquid has, in effect, been banned in England by a moratorium, in force since 2019.

But lower-volume fracking, like that proposed at West Newton and at Burniston in North Yorkshire, is allowed.

Environmental campaigners have described this as a legal loophole and urged the government to ban all forms of fracking.

• The campaign group, West Newton Said No, has launched a crowdfunder to raise money for Mr Lomas’s legal fees. At the time of writing, it had raised more than £2,000 from 36 donations. The target is £20,000.