Friends of the Earth Ltd, R (On the Application Of) v Cuadrilla Bowland Ltd

Friends of the Earth Ltd, R (On the Application Of) v Cuadrilla Bowland Ltd

The Environment Agency was not required to reconsider or review the waste management plan or BAT for flowback fluid treatment in the absence of a substantial change to the operation of the waste facility. The circumstances requiring review or amendment are exhaustively set out in Article 5(4) of the Directive. The Agency properly considered the variation and the Claimant’s representations, and there was no error of law or fact.

Parties
Claimant: Friends of the Earth Limited; Defendant: The Environment Agency; Interested Party: Cuadrilla Bowland Limited
Jurisdiction
England and Wales
Judgment Date
11 January 2019
Procedural Posture
Judicial Review / Judgment After Rolled Up Hearing
Outcome
Claim dismissed
Legal Topics
Environmental Permitting, Mining Waste Directive, Best Available Techniques (bat), Judicial Review, Hydraulic Fracturing
Environmental Law Administrative Law Environmental Permitting Mining Waste Directive Best Available Techniques (bat) Judicial Review Hydraulic Fracturing

Case Brief

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Parties

Friends of the Earth Limited

Claimant

The Environment Agency

Defendant

Cuadrilla Bowland Limited

Interested Party

Procedural Posture

Judicial Review / Judgment After Rolled Up Hearing

Legal Issues

  1. 1 Whether the Environment Agency was required to reconsider best available techniques (BAT) for flowback fluid treatment when granting a variation to an environmental permit for hydraulic fracturing.
  2. 2 Whether the Agency breached its duty to encourage use of emerging techniques (electrocoagulation) under the 2016 Regulations and the Mining Waste Directive.
  3. 3 Whether the Agency failed to consider the Claimant’s representations regarding BAT during the consultation process.

Ratio Decidendi

The Environment Agency was not required to reconsider or review the waste management plan or BAT for flowback fluid treatment in the absence of a substantial change to the operation of the waste facility. The circumstances requiring review or amendment are exhaustively set out in Article 5(4) of the Directive. The Agency properly considered the variation and the Claimant’s representations, and there was no error of law or fact.

Court Disposition

Claim dismissed

Orders

  • Permission to apply for judicial review granted.
  • Claim dismissed; no relief granted.