Campaigner challenges mini-frack permission

Paul MurphyEast Yorkshire and Lincolnshire climate and environment correspondent
News imageBBC A man in a blue coat is standing in front of security fencing BBC
Peter Lomas from Hornsea is launching a legal challenge to the permission given for what the Environment Agency refers to as a mini-frack at West Newton

An environmental campaigner is launching a legal challenge to stop plans for oil and gas operations at a site in East Yorkshire.

Peter Lomas, who lives in Hornsea, is seeking to overturn permission granted by the Environment Agency (EA) for what the regulator has described as a "mini-frack" or low‑volume hydraulic fracturing at West Newton.

Lomas said: "The site's developer [Rathlin Energy] is just using ever-aggressive techniques to extract something out of there, it needs to stop."

Rathlin Energy said the EA's decision "reflects a thorough and independent review of the technical, environmental and operational information we provided".

Lomas claims the EA "did not properly consider the potential risks, including small earthquakes and water pollution", when it granted permission for hydraulic fracturing.

His concerns focus on potential environmental impacts, which he asserts were not sufficiently assessed.

A spokesperson for the EA said: "We have received a formal pre-action protocol letter in relation to this matter and are currently giving it careful consideration."

They added: "We want to reassure people that the permit variation will ensure that robust levels of environmental protection are met."

News imageA large concreted area, rectangular in shape, is surrounded by security fencing. It sits in the middle of flat farmland.
The oil and gas exploration site at West Newton was first established in 2013 but has yet to be commercially productive

Rathlin Energy has held a permit to drill for oil and gas at the West Newton site since 2013.

Earlier this year, following a public consultation it was granted permission by the EA to vary this permit and carry out what the regulator described as "reservoir stimulation" to improve the flow of oil and gas.

This process is also known as a mini-frack according to the Environment Agency's decision document.

When approving the variation the EA said the permit allowed for some mining waste being "retained in the ground" and changes to the "surface water discharge process."

News imageA diagram of a pipe going into the ground containing fluid. The pipe enters rock and cracks are shown in the rock where the fluid is being pumped in.
Fracking involves injecting water and chemicals into the ground under high pressure to fracture rock and encourage the release of oil and gas

Large-scale fracking, which is not proposed for West Newton, uses far greater volumes of chemicals and water and has been effectively banned in England; ministers have indicated the ban will be made permanent.

During last year's consultation, the EA said its controls for the onshore oil and gas industry were "designed to protect people and the environment" and that it "did not permit activities that pose an unacceptable risk."

News imageA red and white triangular sign on a rural road says "We said No".
There has been significant opposition to the drilling plans in villages surrounding the West Newton site

After taking legal advice, Lomas said he had given the EA 14 days to revoke permission for the operation at the West Newton site.

If it did not, he said he would "seek a judicial review in the courts", arguing the decision to approve the operation was unlawful.

"I don't have confidence in the Environment Agency's decision to grant this latest permission and I am prepared to go to court to make this point," he said.

Rathlin Energy said the EA's decision "followed an extensive and rigorous development, assessment and consultation process that spanned almost two years. This included two long stages of public consultation, inviting full scrutiny and comments of all submitted documentation and the Agency's draft decision."

Responding to concerns about the environmental impact, the company said: "Rathlin Energy (UK) Limited has operated in East Yorkshire for over 15 years, with a strong track record of safe and compliant exploration. We remain committed to working within a robust regulatory framework and to delivering projects that contribute positively to the UK's energy needs."

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