Friends of the Earth loses court fight over fracking

CAMPAIGNERS have lost the latest High Court challenge over fracking at Cuadrilla’s controversial Preston New Road site.

Friends of the Earth claimed the Environment Agency (EA) had failed to consider techniques which could reduce the environmental impact of fracking at the energy firm’s site in Little Plumpton, Lancashire.

The environmental campaign group argued that the EA should have considered the use of a better technique for dealing with “flowback fluid”, fluid which returns the surface after fracking, when dealing with Cuadrilla’s application to vary its fracking permit in December 2017.

But, giving judgment in London yesterday, Mr Justice Supperstone held that the EA “was not required to reconsider or review the waste management plan” as there were “no substantial changes to the operation of the waste facility”.

Hydraulic fracturing, known as fracking, is a process to extract shale gas whereby rock is drilled into and “fractured” before water, sand and chemicals – “fracturing fluid” – are pumped into it to release gas.

At a High Court hearing in November, Friends of the Earth’s barrister, Matthew Reed QC, said the EA did not address “whether better techniques for the on-site treatment and reuse of flowback fluid were available”.

Mr Reed also said that flowback fluid, which is “the main form of waste product deriving from the process that arrives at surface level”, can either be treated for reuse in the fracking process or taken off-site for disposal.

He argued that a technique called electrocoagulation, which involves passing a current through the flowback fluid to remove heavy metals and suspended salts, “reduces or removes the need for additional mains water to be added”.

Nathalie Lieven QC, for Cuadrilla, said electrocoagulation was “simply an alternative method of treating flowback fluid”.

She added that it was “inconceivable” the EA would have concluded it was required at Preston New Road had it expressly considered its use.

PICTURE: GETTY. Anglers cast their rods during the opening of the salmon fishing season on the River Helmsdale in Helmsdale, Scotland. The river, which has been described as one of the best in the north of Scotland, is one of the earliest rivers to open to fishermen in the UK.