UK Supreme Court rules government fracking guidelines unlawful

UK Supreme Court rules government fracking guidelines unlawful

Environment · ·

The court found that the government had deliberately and culpably failed to take recent scientific developments into consideration.

The UK government's planning policy on fracking is unlawful, the UK Supreme Court has ruled, siding with activists from the organisation Talk Fracking. According to the judge who delivered the ruling, the government had overlooked recent research demonstrating the significant environmental impact of shale gas extraction from underground rock formations, describing the government's policy as "flawed in its design and processes".

Torre per la frattulazione idraulica a Blackpool, Inghilterra
The government's attempts to make it easier to extract natural gas and oil from underground rock formations suffered a setback after the Supreme Court ruled key aspects of its national planning policy unlawful © Christopher Furlong/Getty Images

The climate impact of fracking

The court found that the government had not examined the effects of fracking on climate change and that this extraction technique cannot therefore be considered a low-carbon energy source. "The material produced by Talk Fracking, and in particular the scientific evidence set out in their consultation response, was never considered relevant or taken into account at the time the fracking policy was formulated," the judge stated. The government had also failed to conduct a lawful public consultation on its review of its own guidelines.

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Public opposition

This ruling could help to hinder attempts to expand fracking in Great Britain. "We are pleased that the court has agreed in part with our arguments that the government's fracking policy is unlawful," commented Claire Stephenson, an activist with Talk Fracking. "The government has consistently tried to ignore public opinion on fracking, despite overwhelming opposition at a national level."

We won! Our blog on the judgement handed down yesterday in Talk Fracking’s case against the government.

Mr Justice Dove found UK gov’s #fracking planning policy was “...so flawed in its design and processes as to be unlawful”. #ClimateChange More here: buff.ly/2H5dOHr

How fracking policy will change

The government, for its part, will now need to make changes to national fracking policy, which could limit the freedom of action of extraction companies and make it easier for environmental groups to object. "The court has made it clear that the government has acted irresponsibly and recklessly," said Talk Fracking founder Joe Corre, "and that objections to fracking on the basis of its impact on climate change must be considered at the local planning level."

Marcia di protesta contro il fracking a Blackpool, Inghilterra
Protest march outside Cuadrilla's shale gas extraction site in Blackpool © Christopher Furlong/Getty Images

Natural gas is not sustainable

The ruling has thus established that natural gas, notwithstanding the government's position, cannot therefore be considered a low-carbon fuel. "Natural gas is now the UK's single largest high-carbon energy source," said Jonathan Marshall, an analyst at the Energy and Climate Intelligence Unit. The actual long-term environmental impact of fracking remains unclear; however, its negative effects are beyond doubt — on wildlife and groundwater, for instance. The consequences for the health of people living near extraction sites would also be extremely serious: according to a 2017 study, the pollutants released during the gas extraction process cause neurological problems in children.