Fracking

Landmark barristers offer unrivalled expertise in all areas of work relating to fracking and hydrocarbons development. Members have been involved in the leading litigation in this field, as well as advising on policy development, regulatory and licensing matters. Their work covers both the traditional planning and environmental fields, as well as specialist licensing and other regulatory work (for example, petroleum exploration and development licences, “PEDLs”).

Barristers have advised and represented a wide range of parties, including central government, local authorities, private individuals, commercial bodies, public interest organisations and NGOs, such as Friends of the Earth.

Some of the important matters in which barristers have been involved include:

• R (PNRAG & Frackman) v Secretary of State for Communities and Local Government [2018] EWCA Civ 9, [2018] Env LR 18: leading case on planning policy, environmental impact assessment and fracking;
• R (Friends of the Earth Ltd) v North Yorkshire CC [2016] EWHC 3303 (Admin), [2017] Env LR 22: challenge to failure to assess climate change impacts of burning gas from production stage of development;
• R (Frack Free Balcombe) v West Sussex CC [2014] EWHC 4108 (Admin): important case on interaction of different regulatory regimes in the fracking context;
• R (Dean) v Secretary of State for Business, Energy and Industrial Strategy [2017] 4 W.L.R. 158: challenge to a PEDL for fracking;
• North Yorkshire Minerals and Waste Joint Plan, including policies on hydrocarbons development including fracking, affecting areas including National Parks and AONBs;
• West Sussex Minerals Plan Examination, Greater Manchester DPD and Kent Minerals Plan: representing Friends of the Earth;
• Advising Welsh National Assembly to introduce ban on fracking in new Planning Policy for Wales;
• Advisory work for promoters and environmental groups on the lawfulness of PEDL licence extensions.