gas

Legal bid to stop UK building Europe's biggest gas power plant fails


Damian Carrington

Plan has been approved despite environmental objections and criticism over climate leadership

 
Sunset over Drax power station in North Yorkshire. The company says its new gas plant project is still not certain to go ahead. Photograph: Lee Smith/Reuters

Sunset over Drax power station in North Yorkshire. The company says its new gas plant project is still not certain to go ahead. Photograph: Lee Smith/Reuters

 

A legal challenge to the UK government’s approval of a new gas-fired power plant has failed in the court of appeal.

The challenge was brought after ministers overruled climate change objections from the planning authority. The plant is being developed by Drax in North Yorkshire and would be the biggest gas power station in Europe. It could account for 75% of the UK’s power sector emissions when fully operational, according to lawyers for ClientEarth, which brought the judicial review.

In 2019 the Planning Inspectorate recommended that ministers refuse permission for the 3.6GW gas plant on the grounds that it “would undermine the government’s commitment, as set out in the Climate Change Act 2008, to cut greenhouse emissions [by having] significant adverse effects.”

Andrea Leadsom, the secretary of state for business, energy and industrial strategy at the time of the planning application, rejected the advice and gave the project the go-ahead in October 2019. The high court rejected ClientEarth’s initial legal challenge last May.

The UK is under international scrutiny as it prepares to host a UN climate summit in November. The country has cut its carbon emissions by 41% since 1990 and in 2019 was the first major economy to put into law a commitment to reach net zero emissions by 2050. Boris Johnson produced a plan for a “green industrial revolution” in November.

But the government has been criticised for failing to stop a new coalmine in Cumbria, which it said was a local issue. This comment was derided by campaigners, and MPs warned it undermined the purpose of the Cop26 summit. Another, smaller gas plant is under construction by SSE in Lincolnshire.

The government has also been criticised for giving billions of pounds of financial support to fossil fuel projects overseas, including a gas project in Mozambique. Johnson said in December that this would end with “very limited exceptions”. A third runway at Heathrow, which campaigners say is incompatible with climate action, is still due to be built.

A Drax spokesperson said: “Drax power station plays a vital role in the UK’s energy system, generating reliable electricity for millions of homes and businesses.” He said the company aimed to be capturing more carbon dioxide than it emitted by 2030 by burning plants or wood in other power stations and burying the emissions.

He said the gas plant project was not certain to go ahead because it depended on Drax’s investment decisions and on securing a capacity market contract from the government.

“The climate and business case for large-scale gas power has only got worse since the Planning Inspectorate recommended Drax’s proposals be refused permission,” said ClientEarth’s lawyer Sam Hunter Jones. “The UK Climate Change Committee says that to get to net zero the UK needs a completely decarbonised power system by 2035 – that’s more than 15 years before the end of this project’s expected operating life.”

Hunter Jones said the ruling overturned the high court’s finding that major UK energy projects could not be rejected on climate grounds. “Decision-makers must now stop hiding behind planning policy to justify business-as-usual approvals of highly polluting projects,” he said. ClientEarth said it would not take the Drax case to the supreme court.

Doug Parr, the director of policy at Greenpeace UK, said: “This is yet another failure of climate leadership from the UK government ahead of a crucial UN climate summit. Ministers are behaving like someone trying to galvanise a pacifist rally by waving a machine gun.

“The government must U-turn and halt climate-wrecking projects, while the onus is also on Drax to do the right thing and take this project off the table.”

There have been a series of legal challenges in the last year against polluting infrastructure projects on climate grounds. The Good Law Project is pursuing legal action over decade-old energy policies it says the government was using to approve fossil fuel projects. A legal challenge by Transport Action Network aims to prevent billions of pounds of taxpayers’ money being spent on a huge road-building programme.

A spokesperson for the Department of Business, Enterprise and Industrial Strategy said: “We welcome the court of appeal’s ruling. As we transition to net zero emissions by 2050, our record levels of investment in renewables will meet a large part of the energy demand. However, natural gas will still provide a reliable source of energy while we develop and deploy low carbon alternatives.”

Diverse Opinions: Is Nigeria Really Green?

Before finally putting the threads of this article together, I wondered for a while on how the Nigerian public might respond if they were asked ‘is Nigeria really green’? 

Since, I cannot conduct a poll to answer this question, let us look at some narratives on Nigeria's eco sustainability as it relates to air, land, and water 

First, is the issue of gas flaring. Gas, a major cause of human and environmental health issues in the Niger Delta, has been flared in Nigeria since the 1950's.

When crude oil is extracted from onshore and offshore oil wells, it brings with it raw natural gas (eg CO2) to the surface. In Nigeria, a vast amount of this is burned directly into the atmosphere, resulting in the acidification of waterways and rainfall. This in turn damages vegetation, insect and animal life. Its effects are also associated with cancer, neurological defects, deformities in children, lung damage and skin problems. 

Many oil and gas companies argue that as transportation, pipelines and infrastructure are lacking, flaring gas as a waste product is the cheapest option. I see this argument as both uncivil and inhumane! What possible justification can be given for directly or indirectly causing life-threatening hazards? Financial implications? 

The best the federal government and Minister of Petroleum Resources have been doing since 1984 is to grant written permission to these companies to slowly kill our air, and   penalize with a fine, other companies that destroy our waterways, without giving them prior notice. Financial implications again! Over the years, they have forgotten that alternative options exist, for example, using this so called waste products as materials for the synthesis and production of plastics.

To be considered also are the present plights of the people of  Oloibiri (Bayelsa State) and Ogoni Kingdom (Rivers State) - I do remember them most solemnly. These are areas that have undergone devastating environmental degradation: presence of oil blowouts, spillages, oil slicks, and general pollution. Once rich rivers have become empty; fish, if any remain, die in their waters. Same is the case on the already infertile lands; rabbits  now hide in their burrows. Yet many cry, 'there is black gold, oil enriches'. How sad! Is it the oil that cannot be used by the Ogonis to anoint their foreheads, or the oil that the people of Oloibiri cannot use to fry their stew?

Do not get me wrong at this stage, I am not out for the oil companies, or negatively inclined. I just think that the above narratives have a voice- and this matters.

Of course, Nigeria and her federal government had taken some quite remarkable steps in promoting Climate Action and environmental sustainability, over the last few years. Key examples are the Great Green Wall Project, Nigeria Erosion Watershed Management Project (NEWMAP), Climate Change Department, and the proposed Global Climate Change Commission.

At the end, the answer to the question lies with us. 

Is Nigeria really green?


ABOUT THE AUTHOR
Christopher Oghenekevwe Oghenechovwen , a B.Tech student of Meteorology and Climate Science (FUTA), is a decolonized African, environmentalist and ready volunteer. He is 2013 Citizenship and Leadership Certified by CLTC, Nigerian Federal Ministry of Youth Development, a 2015 UNESCO & Athabasca University student on Media and Information Literacy and Intercultural Dialogue, 2015 Senior Category Gold Winner of The Queen's Commonwealth Essay Competition, and youth correspondent at yourcommonwealth.org . His growing passions lie within the circle of Climate Action, Media and Information, IT, Youth Education and Leadership. Apart from volunteering with Earthplus, The Green Campus Initiative, and doing creative writing, Oghenekevwe loves to connect with people. Invite him for a healthy conversation via chrischovwen@gmail.com