HyNot, a campaign group opposed to the HyNet scheme, has applied for a judicial review of the government decision to allow Italian fossil fuel giant Eni to store carbon dioxide in Liverpool Bay.
HyNet intends to produce what is known as blue hydrogen from fossil gas at the Stanlow refinery in Cheshire. The carbon dioxide emissions captured from this process, and from other local carbon intensive industries, will be piped along the North Wales coast to be stored under the seabed in Liverpool Bay.
In the judicial review application, HyNot says decisions by the Secretary of State for Energy Security and Net Zero and the North Sea Transition Authority to grant development consent to the HyNet scheme were unlawful.
The grounds of challenge are:
- There was a failure to assess major accidents and disasters, and/or a failure to carry out a lawful public consultation.
- There was a failure to comply with the requirements of the Offshore Petroleum Activities (Conservation of Habitats) Regulations 2001, and the Conservation of Offshore Marine Habitats and Species Regulations 2017.
- There was a failure to assess the cumulative effects of the HyNet scheme on climate change.
Catherine Green from HyNot said: “HyNot is challenging HyNet in the courts because we believe the scheme will lock the country into continued fossil fuel use and undermine energy security through continued reliance on imported gas. HyNet won’t help combat the climate crisis. Blue hydrogen isn’t green, isn’t economical and isn’t a sustainable energy solution. Carbon capture and storage is ineffective, energy intensive and expensive. There are also serious health, safety and environmental concerns around the transport and storage of hydrogen and carbon dioxide.”
“The government has promised £22billion in subsidies over 25 years for carbon capture and storage, which is untried and unproven at this scale anywhere in the world. Most of the subsidies will go to fossil fuel companies and come from consumers’ energy bills, which are already among the highest in Europe. We believe the government should instead invest in proven climate solutions such as renewable energy, faster electrification, waste reduction and energy efficiency. This would bring down energy bills, improve energy security and create good long-term jobs.”
Don Naylor from HyNot commented: “Fossil fuel companies have known for decades that burning oil and gas causes climate change, so it’s extraordinary that they’ve been given billions of pounds in public funding to ‘solve’ that very same harm using unproven technology. For local communities in particular, it’s extremely concerning that public prosecutors in Italy are investigating Eni and seven of its executives following last year’s deadly explosion at the company’s fuel depot near Florence. CO₂ pipelines pose significant safety hazards, including CO₂ being an asphyxiant if it leaks. It’s vital that any consent for the HyNet scheme is revoked as the risk of major accidents hasn’t been properly assessed. This should result in a complete reconsideration of Eni’s worthiness to lead, and profit from, the Liverpool Bay CCS scheme.”
Kate Grannell, a campaigner from Whitby in Ellesmere Port, said: “Cancer rates in Cheshire West are 16% above the national average, yet regulators still refuse to monitor carcinogenic particulates or assess cumulative health impacts. The EET Fuels site at Stanlow continues to operate under industry self-reporting with no independent oversight. Now, the same site is central to the HyNet scheme and is set to receive billions of pounds in public subsidies to produce hydrogen from fossil gas and store carbon dioxide under Liverpool Bay. If regulators won’t monitor what’s being released today, how can they be trusted to oversee a far riskier infrastructure tomorrow?”
Given the risks of pipeline corrosion, dangerous leaks and blowouts in the transportation of CO₂, there are doubts about whether the Liverpool Bay site is suitable for long-term storage under the seabed. As well as releasing carbon dioxide into the atmosphere, offshore release would cause acidification of the sea with profound impacts for wildlife and the environment. Eni was responsible for oil leaks from the same Liverpool Bay field in 2017 and 2022.
One of HyNot’s many concerns is how little the public knows about the wider HyNet scheme and how difficult it is to express concerns via the planning process which is often very technical and untransparent. Planning permission for different parts of the HyNet scheme has been divided into over ten applications through at least four different processes. Public concerns about dubious emissions cuts and spurious job creation claims have often been met with responses that these concerns relate to different parts of the same scheme.
As the true social and environmental impact is hidden behind different planning regimes and not being adequately assessed, HyNot made the decision to apply to the courts for a legal review.
HyNot is working with law firm Leigh Day on the legal proceedings and is crowdfunding for unforeseen legal costs and campaign materials.