Claim against Environment Agency dismissed

1st March 2019


Cuadrilla shutterstock 1184653564

Related Topics

Related tags

  • Waste

Author

IEMA

A challenge to the decision to grant a variation to an environmental permit has been dismissed in the case of R. (on the application of Friends of the Earth Limited) v The Environment Agency v Cuadrilla Bowland Limited.

Cuadrilla was granted an environmental permit relating to shale gas exploration in January 2015, which contained conditions limiting the daily injection of fracturing fluid to 765m3. In June 2017, Cuadrilla applied to vary its environmental permit in five ways, including a proposed variation of this limit so that it became 765m3 per hydraulic fracturing stage.

During the consultation on the proposed variation, the claimant submitted representations regarding the potential increase of flowback fluid produced as a result of the variation, and to argue for the consideration of alternative techniques which would maximise the rate of flowback fluid re-use.In December 2017, the Environment Agency issued a varied permit notice, outlining that the limit variation would not increase risk, but would bring the wording in line with the approved Waste Management Plan.

The claimant challenged this decision on the grounds that: no consideration was given to whether alternative techniques would constitute best available technique (BAT) for the treatment and re-use of flowback fluid in the varied permit; the Agency did not encourage emerging techniques when granting the variation; and the Agency did not consider the claimant's original representations.

The grounds argued a breach in the Agency's duties, especially regarding whether the Agency had a duty to consider what amounted to BAT for flowback fluid. Mr Justice Supperstone decided that the Agency had not breached its duties. As a result, the claim was dismissed and permission was granted.

Image credit: Shutterstock

Subscribe

Subscribe to IEMA's newsletters to receive timely articles, expert opinions, event announcements, and much more, directly in your inbox.


Transform articles

Interview: Andrew Winston on the many reasons for hope

One of the world’s most influential management thinkers, Andrew Winston sees many reasons for hope as pessimism looms large in sustainability. Huw Morris reports

4th April 2024

Read more

Vanessa Champion reveals how biophilic design can help you meet your environmental, social and governance goals

4th April 2024

Read more

Alex Veitch from the British Chambers of Commerce and IEMA’s Ben Goodwin discuss with Chris Seekings how to unlock the potential of UK businesses

4th April 2024

Read more

A project promoter’s perspective on the environmental challenges facing new subsea power cables

3rd April 2024

Read more

Senior consultant, EcoAct

3rd April 2024

Read more

Around 20% of the plastic recycled is polypropylene, but the diversity of products it protects has prevented safe reprocessing back into food packaging. Until now. David Burrows reports

3rd April 2024

Read more

IEMA presents a digital campaign to share knowledge and inspire action in sustainability

2nd April 2024

Read more

Tom Harris examines the supply chain constraints facing the growing number of interconnector projects

2nd April 2024

Read more

Media enquires

Looking for an expert to speak at an event or comment on an item in the news?

Find an expert

IEMA Cookie Notice

Clicking the ‘Accept all’ button means you are accepting analytics and third-party cookies. Our website uses necessary cookies which are required in order to make our website work. In addition to these, we use analytics and third-party cookies to optimise site functionality and give you the best possible experience. To control which cookies are set, click ‘Settings’. To learn more about cookies, how we use them on our website and how to change your cookie settings please view our cookie policy.

Manage cookie settings

Our use of cookies

You can learn more detailed information in our cookie policy.

Some cookies are essential, but non-essential cookies help us to improve the experience on our site by providing insights into how the site is being used. To maintain privacy management, this relies on cookie identifiers. Resetting or deleting your browser cookies will reset these preferences.

Essential cookies

These are cookies that are required for the operation of our website. They include, for example, cookies that enable you to log into secure areas of our website.

Analytics cookies

These cookies allow us to recognise and count the number of visitors to our website and to see how visitors move around our website when they are using it. This helps us to improve the way our website works.

Advertising cookies

These cookies allow us to tailor advertising to you based on your interests. If you do not accept these cookies, you will still see adverts, but these will be more generic.

Save and close